15 Morningside Road, Edinburgh EH10 4DP, Tel: 0131 447 6394 or 0774 298 4459
22 April 2004
The Scottish Council on Human Bioethics considers that a new report1 on euthanasia being presented before the Parliamentary Assembly of the Council of Europe is misguided. The Report which will be debated and voted upon on at 15.00hrs on Thursday 27 April 2004 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 are suitable solutions 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. In this respect is supports the criticism levelled against the report by Mr. Kevin McNamara MP.
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 viewed 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 met2.
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.
1 This report can be found at: http://assembly.coe.int/Main.asp?link=http%3A%2F%2Fassembly.coe.int%2FSessions%2F200402%2FAgenda%2FECALSES2004_2.htm
2 This document on euthanasia can be found at http://www.coe.int/bioethics. Look for euthanasia.