The Right to Die
The Right to Die
1. Introduction
Why has the right to die initiated such a vigorous debate among philosophers, lawyers and doctors? The Fourteenth Amendment of the Constitution states "No State shell deprive any person of life, liberty or property, without due process of law." [1] However, how does one define life? Even more so, how do we define a life worth living? Does the right to privacy give the individual freedom to choose even on issues concerning the termination of his own life? Or does the state have the right to interfere with person 's choice to terminate his life if it is in the best interest of the society? This paper will try to address the issues stated above by taking into consideration arguments of both sides, pro and against the right to euthanasia.
2.1 Nancy Cruzan 's Case shapes History
The case of Nancy Cruzan is now part of the history of the US Constitution for it arose the most extensive debate so far in terms of the right to die. After her car accident at the age of twenty four, she was left in coma and in what doctors describe as permanent vegetable state. [2] Having no hope for their daughter 's improvement in future, her parents petitioned the court asking to grant the hospital authorization to terminate artificial nutrition. Although the State court granted the permission, the Supreme court of the US reversed the decision on the grounds of insufficient evidence that Nancy would refuse a life as a vegetable, as well as on the argument that the state must do everything in its power to preserve life. [2]
2.2 Right of Privacy at Stake
Prior to the accident Nancy has told her friend that in case she was left in a state where there was no hope for her improvement, she would rather not live at all. However, the Supreme Court found this not to be a convincing evidence of Nancy 's wish not to be subjected to a medical treatment. It further stated that a "clear and convincing evidence" would take the form of a Living Will,
1. Introduction
Why has the right to die initiated such a vigorous debate among philosophers, lawyers and doctors? The Fourteenth Amendment of the Constitution states "No State shell deprive any person of life, liberty or property, without due process of law." [1] However, how does one define life? Even more so, how do we define a life worth living? Does the right to privacy give the individual freedom to choose even on issues concerning the termination of his own life? Or does the state have the right to interfere with person 's choice to terminate his life if it is in the best interest of the society? This paper will try to address the issues stated above by taking into consideration arguments of both sides, pro and against the right to euthanasia.
2.1 Nancy Cruzan 's Case shapes History
The case of Nancy Cruzan is now part of the history of the US Constitution for it arose the most extensive debate so far in terms of the right to die. After her car accident at the age of twenty four, she was left in coma and in what doctors describe as permanent vegetable state. [2] Having no hope for their daughter 's improvement in future, her parents petitioned the court asking to grant the hospital authorization to terminate artificial nutrition. Although the State court granted the permission, the Supreme court of the US reversed the decision on the grounds of insufficient evidence that Nancy would refuse a life as a vegetable, as well as on the argument that the state must do everything in its power to preserve life. [2]
2.2 Right of Privacy at Stake
Prior to the accident Nancy has told her friend that in case she was left in a state where there was no hope for her improvement, she would rather not live at all. However, the Supreme Court found this not to be a convincing evidence of Nancy 's wish not to be subjected to a medical treatment. It further stated that a "clear and convincing evidence" would take the form of a Living Will,
References: 7 Civil Liberties The Right to Die Research Paper