Research Report
Forum: Human Rights Council
Issue: The question of the legal status of euthanasia within Europe
Student Officer:
Position:
Sung Hyeon Kim
Deputy Chair
Introduction
The term euthanasia comes from the Greek term “eu-thanatos” which literally
means “good death”. Generally, euthanasia was defined as the act of intentionally
ending a person’s life so as to help relieve suffering or pain. Since euthanasia is a
broad concept, it varies from its measure and purpose, so all the delegates must
fully be aware of the various terms of euthanasia in order to avoid confusion in
their meaning and to indicate that during the KISMUN conference, physician
assisted suicide will not be debated.
Euthanasia is a disputatious topic which not only entangles with the medical
field but also religious, ethic, social, and political fields. Most religious groups are
against euthanasia but there are some patients who are really eager to be
euthanized because of their unbearable suffering and exorbitant medical cost. As
of 2015, only Switzerland, Netherland, Luxemburg, and Colombia legalized act of
euthanasia. In contrary to those countries, most countries illegalized the act of
euthanasia with no exception.
Recently, morality and legality of euthanasia became truculently debated over
many nations. So, it is role of a delegate to represent each nation’s stance and to
discuss whether to adopt the pro stance or the con stance.
Definition of Key Terms
Hippocratic Oath
Oath taken by physicians usually on receiving the doctoral degree, whereby
they promise to observe ethical principles in the practice of medicine and swear
not to harm patients during their medical process. This oath often conflicts with
act of euthanasia because it can be regarded as assisting people to die.
Voluntary Euthanasia
The patients want to die and ask doctors to euthanize him or her.
This includes cases of:

asking for help with dying

asking for medical treatment to be stopped, or life support machines to be
switched off

refusing to eat

simply deciding to die, refusing burdensome medical treatment
Non-Voluntary Euthanasia
The person cannot make a decision or cannot make their wishes known. This
includes cases where:

the person is in a coma

the person is too young

the person is senile

the person is mentally retarded to a very severe extent

the person is severely brain damaged

the person is mentally disturbed in such a way that they should be protected
from themselves
Involuntary Euthanasia
The terminally ill or disabled person who want to live more but, is killed by
doctor. Usually, It is considered as murder
Active euthanasia
Active euthanasia occurs when the medical professionals, or another person,
deliberately do something that causes the patient to die.
Passive euthanasia
Passive euthanasia occurs when the patient dies because the medical
professionals either don't do something necessary to keep the patient alive, or
when they stop doing something that is keeping the patient alive.

switch off life-support machines

disconnect a feeding tube

don't carry out a life-extending operation

don't give life-extending drugs
Physician Assisted Suicide( PAS )
The voluntary termination of one's own life by administration of a lethal
substance with the direct or indirect assistance of a physician. Physician-assisted
suicide is the practice of ending a competent patients’ life with a fatal
prescription in order to terminate their life. Main difference between euthanasia
and PAS is that PAS patients have full control of their own decision and perform
the act of suicide independently.
Religious Perspectives of Euthanasia
Christian
The Christian religion takes an extremely opposite stance of the practice of
euthanasia. Since the 10th commandment stated “You shall not kill” which applies
to any form of euthanasia. This argument is mostly based upon the faith that life
is a gift from the God. Also, Christians believe that all life forms come from god
and teach that life is a sacred thing. Therefore, they consider that if one
implements euthanasia it is an act of playing over god’s sanctity, even if one
wants to die. Some of the Christians punctuate that there should be no
interference with the natural process of death. To strengthen these concepts , in
modern times, Pope John Paul ll, Evangelium Vitae, 1995 stressed that “Euthanasia
is a grave violation of the law of God, since it is the deliberate and morally
unacceptable killing of a human person”. Also, the Pope stated that “nothing and
no one can in any way permit the killing of an innocent human being, whether a
foetus or an embryo, an infant or an adult, an old person, or one suffering from
incurable disease, or person who is dying”. To summarize, the Christian
community regards the act of euthanasia as a taboo and views it as unacceptable,
since it reverses the strictures of the bible and profanes the sacrosanctity of God.
Buddhism
Buddhists are not unanimous in their view of euthanasia, and the strictures of the
Buddha doesn't overtly cope with it. Most Buddhists are against involuntary
euthanasia. Their stance on voluntary euthanasia is less clear. However the most
common view of euthanasia is intolerable because it demonstrates that one’s
state of mind is bad, also one should avoid assisting euthanasia. The term ‘Karma’
is an important notion which means circulation of life and death. This produces a
problem that shortening life hinders with the working out of karma, and alters
the karmic stability resulting from the shortened life. In Buddhism, the way life
terminates has profound influence on how one will restart one’s new life.
Furthermore, they believe one should avoid harm and suggest to keep away from
suicide( euthanasia ).
Islam
Muslims are against euthanasia. They believe that every human life is sacred
because it is given by Allah, and that Allah chooses how long each person will
live. The Koran stated that “no person ever die except by Allah’s leave and at the
appointed term”( Koran 3:145 ) also it declared that “Destroy not yourself. Surely
Allah is ever merciful to you” ( Koran 4:29 ).
Many pious Muslims consider “Do not Resuscitate” as a murder as well as
euthanasia. They cannot harm people with the exception of justice. However,
according to Islamic Medical Association of America (IMANA) "When death
becomes inevitable, as determined by physicians taking care of terminally ill
patients, the patient should be allowed to die without unnecessary procedures."
While turning off life-sustaining system is allowed injecting lethal dose of
medicine is not permitted which is similar with euthanasia.
Other religious
Judaism: Jewish law and tradition consider human life as sacred and should not
be shortened this is because human beings are created by god. Furthermore,
they regard active euthanasia as murder
Hinduism: Most of Hindus do say euthanasia is not acceptable. Because
euthanasia is a kind of act which disturbs natural consequence and those who
engaged in this will have damage on their karma. However, some Hindus say that
by shortening patients’ unbearable suffering one can fulfil their moral obligation.
Key Issues
Legal Status of Euthanasia within Europe
There are only 5 nations which have legalized euthanasia including Albania,
Belgium, Luxemburg, Netherlands, and Switzerland. The requirement and extent
of euthanasia varies from nation to nation. For instance, in Netherlands’ law they
stated that children 12 to 16 years old may request and receive euthanasia or
assisted suicide. A parent or guardian must “agree with the termination of life or
the assisted suicide.” [Chapter II, Article 2, 4]. However, in Belgium there is no age
limit.
Ethics of Euthanasia
This issue would be the most controversial and subjective part during
conference. One who espouses euthanasia might argue that it is better for
patients themselves as well as their family members. Sustaining terminally-ills
would cost a lot and this would be the substantial burden for rest of the family
members at the same time patients would suffer from mental and physical illness.
On the other hand, act of euthanasia deals with myriad of social, political, and
religious problems. For instance, changing law would convey that some of lives
are not priceless and this leads people to neglect life. Also legalizing euthanasia
would put the elderly and disabled at further risk particularly, in a society where
concerns about increasing pressure of tax which caused by growing number of
elderly. When we deal with decision to terminate a person’s life we must consider
ethics. Especially, regarding act of euthanasia all delegates must compete with
ethical dilemmas. The main three ethical dilemmas will be stated below.
First of all, “Vitalism” which implies human’s life is the most valuable thing and
inalienable in any circumstances.
Secondly, “Sanctity of Life” is a principle of implied protection regarding aspects
of sentient life which are said to be holy, hallowed, or otherwise of such value
that they are not to be violated. This term is often based on religion and argued
mainly by pro-life parties.
Lastly, “Quality of Life” This concept assesses whether or not the patient’s quality
of life is worthwhile to get treatment. Therefore, it assesses worthiness of quality
of life not the treatment itself.
Hippocratic Oath
The Hippocratic oath is a moral question which delegates have to deal with. This
oath contains that doctors should not harm patients in any way. However, as
euthanasia is a act which carry out only by doctor in order to terminate patients’
life without prolonged suffering. This presents a dilemma because all doctors
pledged not to injure patients’ health simultaneously, vowed to relieve their
agony. The debate here is moral itself and sometimes hinges on doctor’s
individual interpretation of the Hippocratic Oath.
History of Euthanasia
Nazi Germany( Aktion T4 )
In October of 1939 amid the turmoil of the outbreak of war Hitler ordered
widespread "mercy killing" of the sick and disabled. Code named "Aktion T 4,"
the Nazi euthanasia program to eliminate "life unworthy of life" at first focused
on newborns and very young children. Midwives and doctors were required to
register children up to age three who showed symptoms of mental retardation,
physical deformity, or other symptoms included on a survey from the Reich
Health Ministry."
"The Nazi euthanasia program quickly expanded to include older disabled
children and adults. Hitler's decree of October, 1939, typed on his personal
stationery and back dated to Sept. 1, enlarged 'the authority of certain physicians
to be designated by name in such manner that persons who, according to human
judgment, are incurable can, upon a most careful diagnosis of their condition of
sickness, be accorded a mercy death. This acceptance led to German people to
regard euthanizing Jewish as a right thing to do
Conclusion
As of 2015, UN has not explicitly involved in legality of euthanasia. The United
Nations does not denounce or endorse act of euthanasia.
Therefore, it is each nations own authority to take
euthanasia or not.
However, euthanasia has become more complex problem which entangles with
social, political, religious, and, ethical issues. Proponents of
euthanasia argue that if one cannot choose right to die it
is infringement of human right as well. Opponents of
euthanasia believe that if euthanasia has carried away to
kill terminally-ills the right of life would be taken way and
neglected.
Until now, there has been no intervention of UN regarding this topic, so it is hard
to deal with or produce resolution about legality of
euthanasia. However, it is desirable to analyze each
nation’s stance. Especially, all delegates must concern with
religious and social matters of legality of euthanasia.
Cited Work
Jessica Ellis and Bronwyn Harris. “ Which country have legalize euthanasia?”
WiseGeek. Conjecture,15 April 2015.Web 6 May 2015
“Euthanasia.” BBC- Ethics: Euthanasia and physician assisted suicide. BBC,2014 .
2014.Web 6 May 2015
“Legality of euthanasia.” Associacao Medica Brasileira. 8 April 2014. Web 6 May
2015
“What is the difference between assisted dying and euthanasia?” The World
Federation of Right to Die Societies. Web 7 May 2015
“Definition of Physician-Assisted Suicide.” Medicine Net.Com,9 September 2012,
Web 7 May 2015
“Euthanasia.” BBC-Religion: Religious views of euthanasia. 3 August 2009, Web 7
May 2015
“The Danger of Euthanasia.” The Nathaniel Centre”(The New Zealand Catholic
Bioethics Centre). Web 8 May 2015
“The Requirement of Euthanasia in Netherlands.”
Patients Rights Council. Web 8 May 2015
Holland’s Euthanasia Law
The History Place – World War II in Europe Timeline: October 1939 Nazi begin
euthanasia on sick and disabled. “ The History Place- World War II in Europe
Timeline- Nazi begin euthanasia on sick and disabled. The History Place, 1996
Web 10 May 2015
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