The Ethical Values that Civil Law must Respect in the Field of Euthanasia

Declaration on Euthanasia, May 5, 1980, St. Paul Editions, p. 8.

“Mercy’ Death Law Ready for Albany,” New York Times, Jan. 27, 1939

“Mercy’ Death Law Ready for Albany,” New York Times, Feb. 14, 1939

“History of Euthanasia in U.S.: Concept for Our Time,” Euthanasia News (New York: Euthanasia Education Council), vol. I, no.4 (November, 1975), p.3.

Kutner Luis “Due Process of Euthanasia: The Living Will, a Proposal,” Indiana Law Journal vol. 44 (1969), pp. 539–553.

Kutner Luis “Due Process of Euthanasia: The Living Will, a Proposal,” Indiana Law Journal vol. 44 (1969), p. 553

Dilemmas of Euthanasia: Excerpts from Papers and Discussions at the Fourth Euthanasia Conference, New York Academy of Medicine, Dec. 4, 1971 (New York: Euthanasia Education Council, 1972) p. 42

“Delegates to International Conference Join in Euthanasia Declaration,” Euthanasia News (New York: Euthanasia Education Council), vol. 2, no. 4 (November, 1976), p. 2.

“Delegates to International Conference Join in Euthanasia Declaration,” Euthanasia News (New York: Euthanasia Education Council), vol. 2, no. 4 (November, 1976), p. 3.

Coffman Jack B. “Senate passes ‘living will’ legislation by wide margin,” St. Paul Pioneer Press Dispatch, Feb. 7, 1989.

Marker Rita L. “Living wills: Preventing suffering or a deadly contract?’ State Government News. (Council of State Governments), vol. 31, no. 12, December, 1988, p. 15.

In 1983, the State of Wisconsin passed a living will law allowing the removal of “life-sustaining procedures” from patients who had a 30-day life expectancy. Some thought the 30 day requirement was too restrictive. In 1986 the law was changed to allow application to those whose predicted life expectancy was greater than 30 days. The wording “would cause death within 30 days” was changed to “death is imminent” which could be more broadly interpreted. In 1986 the Supreme Court of the State of Virginia refused to hear an appeal in the case of Hazelton v. Powhatan Nursing Home. The case marked the first time the word “imminent,” as used in Living Will laws, was defined by the courts. Harriet Hazelton's doctors had agreed she could live for months but disagreed whether, with a life expectancy of approximately six months, her death could be considered “imminent.” The court decided that a death which is expected to occur in months should be considered “imminent.” In a 1987 Stanford Law Review article, “Equality for the Elderly: A Proposal for Dignified Death”, it was explained that death is to be considered “imminent” if the patient's life expectancy is one year or less. In a 1988 paper titled, “Prolonging Life and the ‘Right to Die’: Perspectives from the Catholic and Jewish Traditions,” Rev, James J. McCartney, O.S.A., Ph.D. noted that St. Francis Hospital in Miami Beach, Florida (a Catholic hospital sponsored by the Allegany Franciscan Sisters) “has interpreted ‘imminent’ to mean that death will occur within one year” for the purposes of implementing Florida's Living Will law accord with hospital policy.

Cruzan v. Harmon and Lampkins, In the Circuit Court of Jasper County, Missouri, Probate Division at Carthage, Case No. CV384-9P, March 9-11, 1988, p. 228.

Cruzan v. Harmon and Lampkins, In the Circuit Court of Jasper County, Missouri, Probate Division at Carthage, Case No. CV384-9P, March 9-11, 1988, p. 228.

McConnell v. Beverly Enterprises, Superior Court of Connecticut, Judicial District of Danbury, Docket No. 0293888 S, Transcript of Proceedings, June 15, 1988, p. A-56.

Appelbaum Paul S. , and Klein Joel “And Therefore Choose Death?” Commentary, April, 1986, p. 28.

Fifth Biennial Conference of the World Federation of Right to Die Societies; Nice, France; Sept. 20-23, 1984. From “Ethics Panel: The Right to Choose Your Death — ‘Ethical Aspects of Euthanasia.”” Remarks by panel member Helga Kuhse, Ph.D., lecturer in philosophy at Monash University and research fellow at the Center for Human Bio-Ethics in Melbourne, Australia, Sept. 21, 1984.

In Re the Estate & Person of Dorothy M. Longeway, a Disabled Person, Appeal from Circuit Court of DuPage County, Eighteenth Judicial District, No. 88 P 270, In the Supreme Court of Illinois, No. 67318. Brief of Appellant filed by Rev. Eugene P. Parnisari, Catholic Charities Legal Service for Seniors, Naperville, Illinois.

In Re the Estate & Person of Dorothy M. Longeway, a Disabled Person, Appeal from Circuit Court of DuPage County, Eighteenth Judicial District, No. 88, p. 10.

In Re the Estate & Person of Dorothy M. Longeway, a Disabled Person, Appeal from Circuit Court of DuPage County, Eighteenth Judicial District, No. 88, p. 15.

“An Act to Regulate the Administration of Food and Fluids,” Draft 2/28-3, with cover memorandum about “Legislation on Nutrition and Hydration,” from Jimmy M. Lago of Illinois Catholic Conference to Cardinal Joseph Bernardin, March 1, 1989.

World Right-to-Die Newsletter, June, 1987, p. 8.

““Aid-in-Dying”: The Right to Die or the Right to Kill?,” sponsored by the International Anti-Euthanasia Task Force, April 6, 1988, at the University of San Francisco, California. Speakers were Derek Humphry of the National Hemlock Society; Robert Risley of Americans Against Human Suffering; Dr. Joseph Stanton, an advisor to the International Anti-Euthanasia Task Force, and Rita Marker, Co-Director of the Human Life Center. Moderator was Michael Smith, professor of law at the University of California at Berkeley. Video tapes and transcripts of the debate are available through the Human Life Center, University of Steubenville, Steubenville, Ohio. Audio tapes are available from National Public Radio.

““Aid-in-Dying”: The Right to Die or the Right to Kill?,” sponsored by the International Anti-Euthanasia Task Force, April 6, 1988, at the University of San Francisco, California. Speakers were Derek Humphry of the National Hemlock Society; Robert Risley of Americans Against Human Suffering; Dr. Joseph Stanton, an advisor to the International Anti-Euthanasia Task Force, and Rita Marker, Co-Director of the Human Life Center. Moderator was Michael Smith, professor of law at the University of California at Berkeley. Video tapes and transcripts of the debate are available through the Human Life Center, University of Steubenville, Steubenville, Ohio. Audio tapes are available from National Public Radio.

“Humane and Dignified Death Act Initiative Statute,” State of California, File number SA 87 RF 0039.

““Aid-in-Dying’: The Right to Die or the Right to Kill?”, International Review, vol. XII, no. 1, Spring, 1988, p. 58. (Transcript of April 6, 1988 public debate on “Aid-in-Dying.”)

Remarks of Derek Humphry on Face the Nation national television program, Sept. 2, 1985.

“Involuntary Euthanasia in Holland,” Wall Street Journal, Sept. 29, 1987, p. 31.

“Dutch Euthanasia Issue May Be a Pandora's Box,” Worcester Sunday Telegram, July 5, 1987, p. 6A.

“Where Euthanasia is a Way of Death,” Medical Economics, Nov. 23, 1987, p. 23.

Presentation by Dr. J. van der Sluis, Conference on “Euthanasia and the Future of Medicine,” Clark University; Worcester, Massachusetts; Oct. 24, 1988, Hereafter cited as “van der Sluis.”

Euthanasia: Report of the Working Party to review the British Medical Association's guidance on euthanasia, British Medical Association, May 5, 1988, p. 49, #195. Hereafter cited as “BMA Report.”

van der Sluis.

Enns Gregory “Society Refocuses Euthanasia Effort,” Sarasota Herald Tribune, Feb. 21, 1989.

Parachini Allan “The California Humane and Dignified Death Initiative,” Medical Tribune, Feb. 16, 1989, p. 19.

Cover letter of Feb. 27, 1989 from the University of Iowa College of Law accompanying Model Aid-in-Dying Act.

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 7.

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 10.

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 11, Section 1-102 (2).

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, pp. 6–7.

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 8.

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 45, Section 5-101 (a) (3); p. 52, Section 6-102 (a) (4).

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 25, Section 2-101 (b); p. 45, Section 5-101, (a) (4); p. 52, Section 6-102 (a) (4).

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 53, Section 7-101 (a).

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 60.

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 47, Section 5-102 (a) (1); p. 52, Section 6-102 (a) (1); p. 59, Section 9-103 (a) (2).

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 13, Section 1-102 (11).

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 16, Section 1-102 (27).

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, pp. 77–78, Section 15-103 (b).

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 71, Section 12-101.

“Model Aid-in-Dying Act: An Act Governing the Right of Patients Who are Terminally Ill, Technology Dependent, or Who Have an Intolerable Condition to Receive Aid-in-Dying,” Distribution Draft of Feb. 12, 1989, p. 75, Section 14-103.

“A New Ethic for Medicine and Society,” California Medicine, Volume 113, No. 3, (September, 1970), p. 68.

“A New Ethic for Medicine and Society,” California Medicine, Volume 113, No. 3, (September, 1970), p. 68.

“MacNeil-Lehrer Newshour,” PBS Television, March 30, 1989. Hereafter cited as “MacNeil-Lehrer.”

MacNeil-Lehrer .

MacNeil-Lehrer .

“Ethics of helping terminally ill to die,” USA Today, March 30, 1989, p. 1D.

Telephone discussion with Ronald Cranford, M.D., March 30, 1989, Hereafter cited as “Cranford.”

Member, Board of Directors: Christine K. Cassel, M.D.; Peter Safar, M.D.; Sidney H. Wanzer, M.D. Member, Advisory Committee: Bernard Lo, M.D. Listing of names from Society for the Right to Die letterhead and brochure.

“Dr. Ron Cranford Defines Distinctions Between ‘Allowing to Die’”, Concern for Dying Newsletter, Volume 14, No. 2, Summer, 1988, p. 2. (Note: Concern for Dying was previously known as the Euthanasia Education Council.)

Cranford.

Cranford.

Telephone interview with Shirley Neitlich, public information director of the Society for the Right to Die, March 30, 1989.

Telephone interview with Shirley Neitlich, public information director of the Society for the Right to Die, March 30, 1989.

NEJM, p. 849.

Chevelen Eric M. M.D. “Changing the Laws and Us,” unpublished.

Alexander Leo M.D. “Medical Science Under a Dictatorship,” New England Journal of Medicine, vol. 241 (July 14, 1949), p. 44.

Derr Patrick G. “The Real Brophy Issue,” The Boston Globe, Nov. 18, 1985.