-Caveat Lector-
Tuesday August 10, 10:52 PM
Dutch to legalise euthanasia-even for 12-year-olds
By Karen Iley
AMSTERDAM, Aug 10 - The Netherlands plans to make history by legalising
mercy killings in a controversial government bill
that would also make children as young as 12 eligible for euthanasia.
The bill, delivered to the lower house on Monday, proposes immunity from
criminal prosecution for doctors provided they follow strict
guidelines when performing euthanasia.
The law would also apply to incurably ill young children, so long as the
parents agree. In exceptional circumstances, a doctor could perform
euthenasia even without parental consent.
"In the case of 12 to 15 year olds the consent of the parents or
guardian is required, but in the event of refusal... a minor's request
may
nevertheless be met if the doctor is convinced this would prevent
serious detriment to the patient," the Justice and Health (LSE: sUB44.L
-
news) ministries said.
The bill also recognises for the first time the validity of written
requests to die.
Both the Voluntary Euthanasia Society (NVVE) and the Royal Dutch Medical
Association (KNMG) welcomed the development, which
removes already liberal Dutch policy from a legal grey area.
"After more than 25 years of discussion there will be legislation for
death at one's own request. This is a significant step in the right
direction," the NVVE said.
Political opposition was expected from the main opposition Christian
Democrats and small Calvinist parties. But provided the three
government parties unite behind the bill, its passage through parliament
should be smooth.
The Dutch have tolerated mercy killings for years, but right-to-die
campaigners and doctors have long pressed for immunity from criminal
prosecution for doctors.
In 1997, a doctor was charged with murder after allegedly ignoring
euthanasia guidelines when he injected a patient with a fatal dose of
insulin.
The KNMG said cases of terminally-ill children requesting death were few
and the vital dialogue and relationship between doctor, patient and
family would remain.
"The doctor will do his utmost to try to reach an agreement between
patient and parents," said Karin Hagelstein, KNMG spokeswoman. "If
there is no unanimous agreement, then it is the doctor's duty to fulfill
the wishes of the patient."
"Doctors find that children who have gone through such a long and tragic
illness are capable of making their own decisions. A child which
has entered the last terminal phase can be very clear about what he or
she wants. They've seen a lot, they're tired. If parents don't want to
cooperate it is the doctor's duty to respect the wishes of their
patient," she said.
In all cases, doctors must adhere strictly to guidelines.
The patient, who must be facing unbearable suffering, must make the
request on a voluntary, well-considered and sustained basis. Their must
be no reasonable alternative and the doctor must give advice on the
patient's situation and consequences.
The doctor must also consult at least one other independent physician
who also agrees with the due care requirements, and the euthanasia
must be performed with due medical care.
Regional committees, set up in 1997, will continue to review whether
these criteria have been met.
The NVVE, while welcoming the bill as a whole, criticised some of the
criteria as either too vague or too tough and said doctors therefore
remained vulnerable to prosecution.
The only previous attempt to legalise euthanasia was in September 1996
when Australia's Northern Territory approved medically-assisted
euthanasia only to see the law revoked in March 1997.
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