15 Morningside Road, Edinburgh EH10 4DP, Tel: 0131 447 6394 or 0774 298 4459
30 September 2003
The Scottish Council on Human Bioethics considers the Parliamentary Assembly of the Council of Europe report1 on Euthanasia as being misguided. The New Report which will be debated and voted upon on at 15.00hrs in Strasbourg proposes that different kinds of end of life decisions should be analysed and discussed in order to consider whether to exempt from prosecution physicians who agree to help terminally-ill patients, undergoing constant, unbearable pain and suffering without hope of improvement in their condition, to end their lives.
However, the SCHB, is of the opinion that the Report is ill-advised in assuming that euthanasia and assisted suicide is a suitable solution to the fears relating to suffering as a patient approaches death. This is because it does not take proper consideration of developments in the hospice movement and palliative care which allow pain and distressing symptoms of disease to be adequately alleviated in all but the most extreme cases.
Dr. Calum MacKellar, the Director of Research of the SCHB indicated, in this respect, that "the provision of hospice and palliative care have clearly shown that there is a positive alternative to euthanasia and assisted suicide which involves relieving pain rather than killing patients."
The Scottish Council on Human Bioethics concurred, furthermore, that if the Report was accepted, the manner in which society views both death and disability would change. People who are difficult or costly to care for may then be seen as second class citizens. In addition, it would fundamentally change the role of doctors and other healthcare professionals, whose role has always been to cure and care for their patients, not to help them die.
The near unanimity of European countries do not accept assisted dying. In a document covering euthanasia and assisted suicide, published on 20 January 2003, containing the replies to a questionnaire from 34 countries of the Council of Europe (which currently comprises 45 member states) and the USA, only Belgium and the Netherlands indicated that active euthanasia was permissible in their legislation (though it remains unlawful).
With respect to assisted suicide, only three countries (The Netherlands, Estonia and Switzerland) indicated that their legislation would not regard such an undertaking as an offence provided certain conditions were met .
Finally, since euthanasia and assisted suicide are devolved matters for the Scottish Parliament under the Scotland Act 1998, Schedule 5 (Reserved Matters), Part II (Specific Reservations), Head J (Health and Medicines), it would be appropriate for the Scottish Parliament to be consulted prior to any representations being made in Strasbourg.
Note: The Scottish Council on Human Bioethics was formed in 1997 as an independent, non-partisan council composed of physicians, lawyers, psychologists, ethicists and other professionals from disciplines associated with medical ethics. The principles to which the SCHB subscribes are set out in the United Nations Universal Declaration of Human Rights adopted and proclaimed by the UN General Assembly by resolution 217A (III) on 10 December 1948.
Contact: Dr. Calum MacKellar, Scottish Council on Human Bioethics, Eric Liddell Centre, 15 Morningside Road, Edinburgh EH10 4DP, Tel: 0131 447 6394, E-mail (provisional): schb@mail.com
2This document on euthanasia can be found at http://www.coe.int/bioethics. Look for euthanasia.