EUTHANASIA Key Term: ‘Euthanasia’ an illegal practice in the UK, though under UK law a fully competent person has the right to refuse treatment. The issue is a complex one and this is mirrored in the various key terms that are applied in the euthanasia debate: ‘involuntary euthanasia’ - applies to those who are unable to request their own death, usually because they are mentally incompetent. Doctors and family make the decision on their behalf. This term could be applied to the case of a comatose patient or someone in a ‘Permanent Vegetative State’ (PVS). Yet to kill people, without their consent, simply because they are old, handicapped, or ‘unwanted’ is not euthanasia, it is straightforward murder! WHY? Because ‘involuntary euthanasia’ must meet two aims: (1). Death must end suffering and (2). It must be in the patient’s own interest. ‘voluntary euthanasia’ occurs when a mentally competent person requests their own death. Many ethicists argue that this should be permissible because it is equivalent to assisted suicide. Many, like the ‘Voluntary Euthanasia Society’, campaign to make ‘voluntary euthanasia’ legal so that a person may be assisted in their own death in order to end their suffering or pain. This is the root of the modern interpretation of euthanasia as a ‘mercy killing’. The two principles used which attempt to justify ‘mercy killing’ are (1). the principle of the Quality of Life, and (2). the principle of autonomy. ‘direct euthanasia’ - an intentional act of mercy killing which involves something specific to end it like a lethal injection. ‘indirect euthanasia’ - an intentional act of mercy killing by which death occurs as a side effect of treatment. The intention, however, is to end life. ‘active euthanasia’ - this is the same as ‘direct euthanasia’ ‘passive euthanasia’ - this is not killing but letting die: it allows a person to die by withholding or stopping treatment that sustains life. The RC Church is not comfortable with what it believes is sometimes acceptable, i.e. withholding treatment being described as ‘passive euthanasia’. It all depends on the intention of the act. If a patient has a terminal illness and is going to die in a short time then to withhold treatment which could be considered extraordinary, burdensome or disproportionate is acceptable because no one has a right to kill, but neither is there an obligation to prolong life indefinitely. The issue here is really about weighing up the benefits and burdens of treatment from a patient’s perspective. Yet this cannot really be described as ‘passive euthanasia’, since it does not seek directly to end life but allows the person’s foreseen death to take its natural course, its intention being to avoid burdensome and disproportionate treatment. However, withholding treatment like switching off life support or failure to put someone on a life support machine that directly leads to the death of a patient is ‘passive euthanasia’ and is seen as wrong in the eyes of the RC Church. This is because the RC Church sees the use of things like life support machines as ‘ordinary means’ that are used to keep people alive who are not brain dead and not suffering from a terminal illness. Christian Response The Christian response will begin by pointing to a change in the meaning of the word ‘euthanasia’. The Church is sensitive to the language used in this area of medical ethics. In the past, ‘euthanasia’ meant ‘dying well’ or ‘a good or easy death’ ( ‘eu’ is Greek for ‘well’ or ‘good’ ‘thanatos’ is Greek for ‘death’), one achieved after a good life and without violence. Today, however, it is usually understood as ‘mercy killing’. This change is significant in itself, because it emphasises bringing certain lives to an end, whereas the original meaning emphasised ending your natural life well. The modern definition of euthanasia, therefore, appears to accept that a person’s poor quality of life is reason enough to allow them to die. Biblical Evidence Christians will appeal to the Bible, as the Word of God, for their argument on euthanasia. They will begin with the doctrine that God is Creator, and from this will flow two fundamental beliefs: (1). Human life is sacred and (2). Life is a gift from God. (1). In Genesis 1: 27 God said, ‘Let us make human beings in our own image’, this means that of all creatures created by God, human beings are unique and the most precious in God’s eyes. Therefore, human life is sacred and should not be done away with or thrown away. (2). In Genesis 2: 7, ‘God took some soil from the ground and formed a man out of it; he breathed life-giving breath into his nostrils and the man became a living being’. This shows that life is a gift from God and so people are responsible for respecting and cherishing that gift. Furthermore, if life comes from God then human beings do not have absolute autonomy over their own living and dying; God’s authority must be adhered to in this matter, according to Christians. This approach rejects the principle of autonomy proposed by J. S. Mill who said, ‘over his own body the individual is sovereign’. Christianity teaches that we simply do not have this freedom, since God is sovereign over life. In the Book of Job, Job states: ‘The Lord gave, and now he has taken away. Blessed be the name of the Lord.’ Christians believe it is wrong - a refusal of our place in God’s plan – to be able to choose the time of our own dying. This is not up to us, but to God; this is confirmed in Psalm 139 which states: ‘The days allotted to me have all been recorded in your book, before any of them began.’ Any intervention that deliberately seeks to end life prematurely is wrong. (3). The Sixth Commandment states: ‘Thou shall not murder’. Murder is the deliberate killing of a human being, so the deliberate bringing about of the death of a person, irrespective of whether they gave their consent, is wrong because it goes against the divine law which Christians must obey. This is why most Christians argue against direct euthanasia which induces death by a deliberate administration of a lethal injection. Direct euthanasia is the same as active euthanasia (see the article by James Rachels): the deliberate intention to end life. So, in the case of a Persistent Vegetative State (PVS) patient, most Christians would be against the use of a lethal injection even though death would result in about 30 minutes. Forms of passive euthanasia which the RC Church see as wrong are the turning off of life support machines or the failure to put people on them; again, this is because such ‘omissions’ lead directly to a patient’s death. Christian Church Teaching – C of E and RC. (1). Sanctity of Life .v. Personal Autonomy There are several key points given in the ‘Joint Submission of the C. of E and RC Churches to the House of Lords Select Committee on Medical Ethics’ (1993). The ‘submission’ indicates that the ‘sanctity of life’ overrides the right to ‘personal autonomy’ so that the Churches do not recognise ‘a right to die at one’s own choosing’. (2). The distinction between ‘killing’ and ‘letting die’ While the Churches believe that a person’s autonomy is not absolute ‘Neither of our Churches insist that a dying or seriously ill person should be kept alive by all possible means for as long as possible.’ In other words, both Churches support the distinction between ‘killing’ and ‘letting die’. In order to support this distinction the Churches first appeal to the Principle of Double Effect. For example, ‘the administration of morphine is intended to relieve pain. The consequent shortening of life is foreseen but unintended. If safer drugs were available, they would be used: pain would be controlled and life would not be shortened.’ Here the deliberate intention is pain relieve, the second, foreseen but unintended effect is the shortening of the patient’s life. The important thing here is the intention of the act, since it was to relieve pain, it is not euthanasia. Secondly, treatment can be withheld from the dying patient, if that treatment is deemed disproportionate, burdensome, and extraordinary. ‘Death, if it ensues, will have resulted from the underlying condition …, not as a direct consequence of the decision to withhold or withdraw treatment.’ A judgement is made that the benefits of a form of treatment or surgery are outweighed by the patient’s advanced terminal illness and the treatment’s effect on the quality of life of the patient. To withdraw treatment in such a situation is, again, not a form of euthanasia. (3). The Hospice Movement The Churches believe that the request to be allowed to die is really a request for love, care and pain control. All these aspects are met within the hospice. As Christians ‘our duty is to be with them, to offer appropriate physical, emotional and spiritual help in their anxiety and depression, and to communicate through our presence and care that they are supported by their fellow human beings and the divine presence.’ The idea of the hospice is to provide a place where the patient can have their pain controlled so that they are able to have time to prepare for death, emotionally and spiritually – to put their house in order, so to speak – because Christian’s believe that death is an event in life, not the end of life. (4). Comatose and Permanent Vegetative State Patients One of the most difficult issues in health care ethics is the care of permanently comatose (eyes never open) patients and PVS (eyes may be open, closed, or vary, but remains ‘unconscious’) patients. The Churches do not have an official position on this issue, since it is so difficult to determine. At best, as ‘article 16’ of the Joint Submission stated each instance must be ‘dealt with on a case to case basis’ Most Christians who take a view on this issue use the language of the ordinary/extraordinary-means tradition. The scenario: a patient in a permanent state of coma or PVS is given artificial nutrition and hydration through a naso-gastric tube, an intravenous line, or directly through a tube into the stomach. The issue: is this artificial nutrition (1) medical treatment and therefore extraordinary means in the case of a permanent state of coma and PVS or is it (2) feeding and therefore ordinary means like other aspects of nursing care? Let us take each viewpoint in turn: (1) The first view argues that artificial nutrition must be weighed, like any other medical treatment, in terms of the benefits as well as its burdens to the patient. If one is permanently unconscious then, it is argued, long-term artificial nutrition is extraordinary means (too burdensome), and does not bring enough benefit to the patient since all artificial nutrition does is sustain respiration and circulation – the physical aspects of life. It is argued that respect for life and even the sanctity of life means respect for human life in its totality – physical, mental, social, and spiritual dimensions. If all potential for mental and social life has ceased, and if the patient’s spiritual and eternal life is being stalled at death’s door, then prolonging the physical aspects of life alone is not in the patient’s best interests and ought to be stopped. (2) The second view argues that artificial nutrition is not medical treatment, but is part of the basic nursing care of patients. Artificial nutrition is ordinary means, and therefore, the duty of the hospital. The argument is that the hospital has a duty to feed the patient like it would any other vulnerable patient who could not feed themselves. Such a defence, tries to uphold the view that Christians ought to respect life in its most tragic and unproductive cases. By keeping such patients alive we are saying to all the vulnerable members of society that we care for them in a divine way, not based on their functional capacities (instrumental value), but rather highlighting their inherent dignity as human beings: that is, human life, in and of itself, has intrinsic value. Implications of the two views: a). the second view is really a criticism of the first view and its reliance on the concept of personhood and quality of life. The idea that ‘human being’ and ‘human personhood’ can be split seems to de-value respect for human beings as such. There may also be a concern that the first view opens the door to euthanasia for those that society does not deem to be ‘persons’ and even to drive down costs of health care. In other words, those who argue for the second view, would imply that the first view could be the ‘thin end of the wedge’ or a ‘slippery slope’ argument. b). while the first view weighs up the benefits to the patient or not, the second view does not. The second view does not weigh up the benefits and burdens to the patient, but to the society which cares for them. By keeping a patient alive society benefits by attesting to its respect for human life (the comatose or PVS patient in the hospital bed acts as the guarantor - is the reminder – of/to society in its respect for life). This view is saying that all life – no matter its circumstance or quality – is worthwhile. Yet is it true that all life is worthwhile and should be preserved at all costs? Daniel Maguire (RC) argues against this when he says that life is a basic good but not an absolute good. He means that life should be respected, but argues that it does not have to be prolonged in every circumstance. He engages in what is called proportionalism – an ethical theory that says a principle (like the ‘sanctity of life’) can be good but there can be proportionate reasons for going against it. Life, in other words, is not totally sacrosanct. The argument to preserve life in all cases appears to understand the term ‘life’ as ‘biological life’ and make it equivalent to ‘sanctity of life’. The problem with this approach is that it argues that biological life as a separate function (the life of a permanently comatose patient) has intrinsic value and should always be preserved independently of any capacity for conscious experience. (This is called ‘vitalism’ by philosophers). By making the ‘sanctity of life’ a form of ‘biological life’ it is hard to deny, from a Christian perspective, that this life ought always to be preserved. But Christians are NOT ‘vitalists’. Something, therefore, has gone wrong in the reasoning of the second viewpoint above! (a). the second viewpoint goes wrong because it does not weigh up the benefit to the patient of the continuance of artificial nutrition. Once this is taken on board, it becomes clear that at some point continuance in physical life offers the person no benefit – and on these grounds artificial nutrition can be stopped. (b). the second viewpoint also has no room for a consideration of personhood because it identifies the ‘sanctity of life’ with ‘biological life’ alone. This is to accept that there is not only a distinction between human being and human personhood but that they are also separate entities. This must be rejected from a Christian standpoint. Rather, one should say that the person is always an incalculable value (personhood is difficult to determine), but that at some point continuance in physical life offers the person no benefit. Indeed, to keep ‘life’ going can easily be an assault on the person and his or her dignity. Roman Catholic Church Teaching Suffering is part of God’s Plan In their ‘Declaration on Euthanasia’ 1980, the RC Church affirmed that suffering has a special place in ‘God’s saving plan’. ‘Suffering’, it went on to say, ‘is in fact a sharing in Christ’s Passion and a union with the redeeming sacrifice which he offered in obedience to the Father’s will.’ The RC Church is not saying that pain relief should not be used, but it is saying that the dying ought to accept suffering as part of what it is to die as a human being and not to be so afraid of suffering that a request to be allowed to die is always made. In effect, this stance is a criticism of modern society’s attempt to sanitise human culture from the experience of pain. Pain control should not be used so intensively that it induces complete unconsciousness, rather pain should be controlled, as far as possible, to enable the patient to fulfil moral, family and religious duties before death. Other Christian Points of View Situation Ethics Joseph Fletcher (C of E) outlined his theory in a book published in 1966. Fletcher begins by rejecting an ethical approach to right and wrong based upon a variety of rules. The only rule is Jesus’ command to ‘love’. The only rule that ought to be followed is: ‘Always do the most loving thing’. Love is the only thing that is intrinsically good, not life, or happiness etc. The only way of doing the most loving thing is to analyse the situation one is in. Finally, ‘situation ethics’ is a teleological theory like utilitarianism, in so far as ‘the end justifies the means’. Anything can be done if it brings about the most loving thing. It is clear that euthanasia can be justified using such a theory. (i). It could be shown that the most loving thing to do in the situation of a dying patient is to allow them to die as early as possible, since this is the most loving thing to do given the situation of the patient (their bodily control, pain, dignity etc) and their family. (ii). Giving a lethal injection to a PVS patient could be justified, because it is more loving to be allowed to die in 30 minutes than to starve over 2 weeks after the removal of artificial nutrition. This is because the only intrinsic good is love not life. (iii). Fletcher supports the distinction between ‘human being’ and ‘human person’. His characteristics of personhood are: - self-awareness self-control sense of the future sense of the past capacity to relate to others concern for others communication curiosity It is clear that in situations where the above characteristics of personhood are absent Fletcher would be able to justify the practice of euthanasia because there is no person to kill; only biological life remains. Jesus’ Mercy and Compassion A consideration of Jesus’ compassion for those who suffer is related to the ‘situation ethics’ approach. Following the general example of Jesus, Christians could argue that it is truly compassionate to end the suffering of people through euthanasia. However: Jesus put God’s authority above human autonomy. It is clear that dependence upon God and not on one’s own power is what Jesus believed. From his pronouncements on discipleship and his commending of the ‘Woman who touched his cloak’ and the ‘Widow’s offering’ this is clear enough. It can also be argued that a deterioration of control over one’s body and destiny was understood and accepted by Jesus. In John’s Gospel (21: 18) he says: when you were young you put on your own belt and walked where you liked; but when you grow old you will stretch out your hands, and somebody else will put a belt round you and take you where you would rather not go. The point here is that Jesus sees it as a natural occurrence in life that we become frail and dependent on others. This may, of course, be something young and able bodied people fear but not only is it our lot as human beings, but the real point is that in a society that truly cares for its most vulnerable members this would not matter since we place ourselves into the hands of those who care. It is about TRUST. In this respect, human society should mirror God’s care for us. There ought to be pain control, love, care and the possibility to withdraw treatment, but not euthanasia. In light of this, it could be argued that a request for euthanasia which is based on a fear of total lack of control over one’s own body (especially in a gradual wasting disease e.g. Diane Pretty) is misplaced, because it is a failure to accept dependence upon others, especially God. In the end, Christians would argue, we are not isolated individual beings, but members of a community of love: the Church. EUTHANASIA UTILITARIAN RESPONSE Applying Bentham to the issue of Euthanasia Utilitarianism is a consequentialist theory of ethics: that is, a theory concerned with the result of an action - its outcome or consequences. Only those actions which are deemed to bring about the greatest happiness (pleasure) are to be undertaken. In many respects, when utility is used to determine a course of action in medical ethics, it is the benefit of a procedure or treatment which must be weighed up and judged. If a certain procedure brings benefits (happiness) which outweigh any pain that can be measured, then it is to be done. Thus, whether an action is good/bad, right/wrong depends on its outcome. There are several implications of this: ● There can be no moral absolutes( i.e. things that are always right or wrong whatever the circumstances). ● Nothing is inherently right or wrong, except pleasure and pain. ● Actions have only instrumental value (i.e. help us get something else that we want) rather than intrinsic value (i.e. valued purely for their own sake). Remember! Bentham was an ACT Utilitarian. He did not allow the using of prior knowledge and experience to determine the course of action one ought to take. Each situation must be judged on its own merits. The hedonic calculus is used to measure the amount of pain or pleasure an act will bring to the greatest number. In the case of a terminally ill cancer patient, there is not really much pleasure involved. The request for euthanasia will be weighed up in terms of the suppression or termination of pain, in an attempt to achieve pleasure. ● The intensity of, in this case pain, must be calculated. The patient will be suffering huge amounts of emotional pain – the effect the illness is having on them leading to depression because of the irreversible nature of their condition and a fear of lack of control over their own life. The patient’s family will be in great distress, because they may not be able to bear seeing their loved in such pain. The patient may also be in much physical pain, since drugs to relieve pain are available but not always administered correctly or efficiently. If the decision to request euthanasia is based upon the great intensity of this pain, then the pleasure of ending it through ‘indirect’, or even ‘direct’ euthanasia will achieve happiness for all concerned. The patient will be able to rest in the knowledge that their struggle is over and seeing their relative at peace will bring relief and hence pleasure to the family. ● The duration of the pain must be accounted for too. The emotional pain of the patient and their family will surely be prolonged if the patient cannot choose euthanasia. Obviously, no one is pleased when a family member dies, but the family may take pleasure in the future knowing that their loved one’s death was not a prolonged, lingering death; it was quick and painless. A utilitarian following the calculus may, on these grounds, recommend a form of ‘direct euthanasia’ such as lethal injection in the case of a PVS patient, in the knowledge that they will die in 30 minutes rather than ‘indirect euthanasia’ – the withdrawing of artificial nutrition – which could take as long as 3 weeks. The reason for this is that for the utilitarian, the end justifies the means. There is, in other words, no moral difference between giving a lethal injection and withdrawal of treatment, since both achieve the same end: the death of the patient. Today, such an argument is supported by James Rachels in his article ‘Active and Passive Euthanasia’. (Remember, for a utilitarian, the means by which something is achieved are non-moral, i.e. not morally significant – the only thing that is good is the outcome of an action!) ● The certainty of the pleasure is relevant in this case. It is certain that there is much pain, both emotional and physical, in the case of a terminally ill patient and his/her family. This may even increase, if a request for euthanasia were made but not granted. So it could be argued that to grant a request for euthanasia would certainly increase the amount of pleasure felt by all concerned. However, it could also be argued that, it is difficult to measure the certainty of the pleasure, since in the future the family may actually come to regret their decision to agree to the ‘killing’ of their relative. ● The fecundity of the act of euthanasia is also relevant. If your loved one dies then the family are ‘free’ to pursue their own lives. This can be productive of pleasure in so far as by ‘getting on with their lives’ pleasure will result. Secondly, the patient may have left a will so that their early death will result in a financial settlement being shared out among the family. The spending of this money, it could be argued, can produce more pleasures. ● The extent of the pain, or future pleasure, affects the patient, the family and possibly others too. For instance, if the patient was granted their wish to die at a time of their own choosing, the hospital’s resources could be used to treat many more patients whose lives were possibly not in danger. This would, in its own right, increase the pleasure of many more people – not only the patients, but also their families and friends. This in turn would outweigh the pain of the initial death of the patient who requested euthanasia. The extent of pleasure would also increase through the act of euthanasia, since the relief felt at their loved one’s death would be shared by all family members. After consulting the Calculus it is clear that the request for euthanasia ought to be granted. J. S. Mill Euthanasia How might one apply Mill’s version of utilitarianism to the issue of abortion? ● The first thing to note is Mill’s principle of autonomy (self-determination): “Over himself, over his own body and mind, the individual is sovereign.” The essence of this principle is that there is no authority above your self when it comes to power over one’s own life. This is directly opposed to the Christian view that people do not have the authority to choose the time of their own dying, because that would be to claim God’s authority for oneself – it would be to play God. However, for the utilitarian God is not a part of the moral universe and so human beings are in authority and there is no higher authority to consult. The principle of autonomy is central to the issue of euthanasia and, for Mill, autonomy is absolute. In this respect, if a patient requested euthanasia through the use of ‘direct’ means, such as a lethal injection, then it ought to be granted since it is an expression of an individual’s sovereignty over their own life. Mill would also agree to the current UK law which allows a ‘fully competent’ person to refuse medical treatment. Mill would be in agreement with the RC and C of E Churches in their use of the Principle of Double Effect. Yet the grounds for this agreement would be different in the case of Mill. Whereas the Churches’ use of the principle is at pains to point out that the intention of appealing to the principle of double effect is to highlight that the patient’s death is foreseen but unintended, Mill would see no difference between what ethicist’s call ‘active’ and ‘passive’ euthanasia. This is because the outcome ( the only thing Utilitarians are interested in) of both forms of euthanasia bring about the same result: the death of the patient. ● The next thing to consider is Mill’s distinction between higher and lower pleasures. In the case of terminally ill patients and those who are comatose or in a PVS, Mill’s distinction is highly relevant. In the first place, it is clear that personhood is related to higher pleasures. It is arguable that permanently comatose and PVS patients cannot experience the higher pleasures since these are the pleasures of the mind. Personhood is about the conscious, rational life of the mind and about the ability to have relationships with others. These characteristics are lacking in comatose and PVS patients and so on these grounds euthanasia is justified. ‘Active’ euthanasia will be preferable to ‘passive’ euthanasia. In the case of a PVS patient Mill would opt for lethal injection (‘active’ euthanasia) over the withdrawal of artificial nutrition, since passive euthanasia would prolong the suffering of the patient and his/her family. The end here justifies the means, the end being the patient’s death not any moral scruple about direct acts of killing! However, it may be the case that Mill might be sometimes against such action (since he is a rule utilitarian) if he followed the rule that it is wrong to kill innocent people? It all depends on whether the patient is a person! Mill’s use of the ‘higher’ and ‘lower’ pleasure distinction relies on the principle of the Quality of Life. This is highly relevant in the case of the terminally ill patient. Justification for voluntary euthanasia is often based on the poor quality of life of the patient, which is a life of pain and depression, and of a gradual loss of the ability to control one’s own destiny. The certainty that in a short time a person will lose the ability of bodily control or communication – in the case of Diane Pretty – will, on the basis of Mill’s principle of autonomy alone allow euthanasia to take place. The argument in this case would be that the patient ought to be able to exercise his/her autonomy over their own body before that ability was taken away from them by illness. After all, this is similar to acting on a ‘living will’. It also seems a commonplace that Mill would always agree that euthanasia should be an option for those terminally ill patient’s who do not want to go on ‘living’ because their lives are so poor in quality. If they are dying anyway, surely a shortening of the dying process is the most compassionate course of action. In this respect, Mill would again support the widespread use of pain control through the use of morphine which can shorten the life of the patient. But he would also support ‘active’ euthanasia and the use of lethal injection. It will all depend on the patient’s wishes, since the expression of their autonomy is paramount. However, Mill might also argue that in some cases, provided adequate pain control was administered, there would be no need for euthanasia. If we accept that many requests for euthanasia are really requests to be put out of pain, then once out of pain, the patient’s quality of life will improve enabling them to prepare in a more rational way for their death. Furthermore, making sure the patient is out of pain will reveal the true intention of the patient and ensure respect for their autonomy. ● The next element of Mill’s theory to consider is his stress on the importance of internal sanctions. Bentham believed people acted morally because of ‘external sanctions’ which acted upon them as a restraining influence such as the law and public opinion. Mill, however, understood that people acted morally independently of such sanctions and instead acted out of conscience or guilt. Conscience and guilt have both a restraining influence and an ability to set the individual free to act against prevailing norms. In a simple way, euthanasia could be wrong if a person’s conscience was against killing themselves – assisted suicide. A doctor who believes their duty is always to preserve and save life and not seek to end life may decide also not to participate in euthanasia on grounds of conscience. At the very least, a doctor, on grounds of conscience, may make a distinction between ‘killing’ and ‘letting die’ and never participate in the former. Furthermore, the guilt felt by people involved in euthanasia –healthcare professionals and family members – may become an influence which prevents others from participating in euthanasia.