It has taken the selfless input euthanasia law dissertation a lot of people to finally finish the study, piece by piece, brick by brick. I thank the Almighty God for his steadfast love and uncountable euthanasia law dissertation. My sincere gratitude euthanasia law dissertation to my supervisor Dr.
Martin Awori for bluetooth literature review guidance, time and dedication to my study. I am greatly indebted to all the medical practitioners who took the time from their busy schedules to fill out my questionnaires and particularly Henry, Lab technician at Mary Help of the sick mission hospital for going out of his way to assist me in getting respondents for my questionnaires.
Finally, I could not conclude without recognising all the terminally ill people of the world. Just click for source filled me with great empathy and were an immense source of motivation throughout my study, It is because of you that I chose and undertook this particular topic for my study.
May God fill you with peace and may you never lose hope. ABSTRACT The suggestion that Euthanasia should be authorized by law, to a considerable extent, raises some plausible moral, ethical, philosophical and religious issues as well as euthanasia law dissertation and Constitutional questions. In addition, the Euthanasia debate has been more info by a number of social and legal developments.
These go here the advent of modern medical technology euthanasia law dissertation the just click for source and use of artificial measures to prolong life. Therefore, this study will examine and analyse marquette application essay these factors to provide a deeper and more uniform insight into mercy Killing, in conjunction with the Kenyan legal system and Constitutional dispensation.
It will discuss and propose whether euthanasia should or should not be legalized in Kenya. The study is for the purposes of examining euthanasia as a concept, the manner and form in which it is practiced in different legal systems that have legalized the same, its role and purpose in todays society. People ailing from serious illnesses that have stripped them off their health, livelihood, peace of mind and dignity have euthanasia law dissertation consigned to the footnotes of Ke a s so ial-economic advancement and Constitutional change.
The Constitution is silent on the rights and needs of these people. A Constitution is the source, review experimental literature jurisprudential fountain head from which other laws must flow, succinctly and harmoniously.
Our attitudes towards death have changed in recent years. In the past, death was simply something that happened to us and had to be accepted. However, with technology developments, it has become possible to exercise greater control over our dying. Albeit, the extent to which people should have control of their or anothers death is highly controversial.
Courts go here legal scholars have faced a considerable challenge of determining whether Euthanasia can truly fall euthanasia law dissertation the scope of the fundamental Human rights as recognized by a raft essay introduction International Conventions, treaties and Constitutions across the world.
Euthanasia and the related issues are topics that courts have struggled to deal with. In Euthanasia law dissertation, the Euthanasia law dissertation of lords has called upon parliament to legislate on the area. Politicians, lawyers and judges have exhibited a hands off approach to the area. For example, the euthanasia law dissertation of lords select committee on medical ethics concluded that prohibition on intentional killing was the or ersto e of la a d of so ial 7 relationships.
From a religious perspective, this view is also largely upheld and respected. In addition, Euthanasia and euthanasia law dissertation assisted suicide has been described by some as romanticizing death; a modern obsession with living a fast paced life, coupled euthanasia law dissertation disliking mystery and ambiguity. The sacredness of life turns not on being alive, but on having a life worth living.
Back home, the Bill agreement application letter Rights, enshrined in the Constitution of Kenya, is the guiding principle as far as social regulation and human rights is concerned. The Bill of Rights, provides that,9 A perso shall ot e depri ed of life i te tio alle ept to the e te t authorized by this Constitutio or a other ritte la. This Article, based on its literal interpretation, raises the following question - Does the Constitution sanction the formulation of a law legalizing the deprivation of life?
Further, the right to life does not fall under the category of rights that cannot be limited under the Constitution, namely; freedom from torture and cruel, inhuman or degrading treatment or punishment, freedom from slavery or servitude, the right to a fair trial and the right to an order of euthanasia law dissertation corpus. It is also imperative to note that the Constitution has removed most claw back clauses.
Primary sources shall include - Statutes, Constitutions, court decisions, cases, statutes, treaties and administrative regulations. Secondary sources shall include - Legal periodicals, articles, legal encyclopedias, law dictionaries, commentaries and online blogs. The Qualitative approach to collection of data will also be employed.
This will involve data collection from medical professionals with the aid of Questionnaires. It is most commonly used now to denote the merciful infliction of death to avoid torment in fatal and incurable disease, usually by consent of the patient or family. Taygetos considering that for a euthanasia law dissertation ill-suited from birth for health and vigor to li e, as disad a tageous for itself a d for the state.
This was albeit a more brutal and inhumane form of Euthanasia, an antithesis of the Euthanasia allowed today by law. From a philosophical perspective, both plato and Aristotle were in favor of some sort of infanticide, similar to the practice euthanasia law dissertation Sparta. The Roman writer libanius reports: Whoe er o lo ger ished to li e shall state his reaso s to the se ate and after having received permission, shall abandon life.
If your existence is hateful to you, die. If you are over whelmed by fate, drink the hemlock, if you are bowed with grief, abandon life, let the magistrate supply him with the remedy, and his wretchedness ill o e to a e d. The conclusion that can be drawn from click accounts is that among wise men of G ee e, e di g o e s life fo easo s of paiill ess as o side ed atio al Though this was not unanimously upheld.
In Judaism and Christian Rome, the taking of life except when done by postmodernism essay authorities in the interest of justice was never condoned.
The suicide of King Saul in the bible16 is viewed in the context as his final alienation from the lord. Euthanasia law dissertation Talmud17 forbids suicide and does not even discuss mercy killing. It is written in the Talmud Several ayat18 in the Koran talk about death; the Koran states that God is the only one who creates and the only one who takes dissertation civil away.
Later, Renaissance Euthanasia law dissertation adopted a more relaxed approach to euthanasia, and were even click to the idea of voluntary euthanasia. Sir Thorn More, euthanasia law dissertation his utopia in stated: If, besides being incurable the disease, also causes constant excruciating pain some priests a d go er e t offi ials isit the perso o er ed a d sa In the 18th Century, this approach continued.
French laws against suicide becoming more lenient, with physicians such as paradys recommended an easy death for incurable and suffering patients.
German philosopher Arthur Euthanasia law dissertation emphasized individualism and human autonomy by stating a man has, U assaila le title to his o life euthanasia law dissertation d perso Nazi Germany20 18 Ayat or Ayah in Arabic.
The book talks about the euthanasia law dissertation of Euthanasia to justify the extermination of countless mentally and physically sick adults and children. Medical professionals had a pivotal role in this.
In the trial of Adolf Eichmann, 22 a heated e ha ge e sued et ee the judge a d Ei h a s defe e ou sel hen the judge dismissed the euthanasia law dissertation that killing by gas was a medical matter. To which the defence counsel replied, It as prepared ph si ia s a euthanasia law dissertation of killi g, a d killi g too, is a edi al atter.
Inthe world federation of right-to-die societies was formed, with 27 groups click here 18 countries. Currently, the federation consists of 49 right to die organisations from 26 countries.
The federation provides an international link for organizations working to secure or protect the rights of individuals to self-determination at the end of their lives. Medical technology, with its potential to redefine the boundaries of life, has forced radical reconsideration of what is meant by death. The ascertainment of euthanasia law dissertation point of death is a crucial matter in considering whether to withdraw life support i. Michael Davies in Textbook on medical law26 offers insight into the idea of death from a purely medical perspective.
He writes that the idea of death combines the absence of cognition and respiration, combined with these two is the unifying matter of the brain go here. He describes how the system works in the following manner, The heart and lungs as a team supply oxygen to the brain; therefore the brain cannot function without the operation of the heart and the lungs.
In turn, respiration itself is o t olled the ai ste ; it pe fo s the egetati e fu tio s. He goes on further to state that according to current euthanasia law dissertation practices, the functions of the heart and lungs can be artificially maintained, but not the functions of the brain stem.
As far as technology euthanasia law dissertation at the moment, when the brain stem has irreversibly euthanasia law dissertation to function, there can no longer be spontaneous heartbeat or respiration. This now euthanasia law dissertation to the popular conception that death has occurred.
Definition of Death Broadly speaking, a number of options exist of what could amount to a definition, in addition to the medical position, such as human features of euthanasia law dissertation biological, religious or philosophical nature.
However, there may be difficulty in maintaining that a person is dead if technology were available to reproduce mechanically the activities of the heart and lung. From a religious perspective, it has been argued that human life begins when the soul enters the body, so life ends when the soul departs.
This notion is however vague and prone to being construed differently among the existing strands of religious conviction. From a philosophical perspective, the human body is a sum of its parts and loss of that capacity for bodily integration is tantamount to death. Michael Davies, in relation to the philosophical aspect of death writes, Letter jamaican application a s are ore tha the flo i g of fluids.
They are complex, integrated orgasms with capacities for internal regulation, with and only with these integrating e ha is s is ho osapie s reall hu a. It is clear that the medical profession has reached a consensus as to the point of death. Death at Common Euthanasia law dissertation A locus classicus case on the judicial interpretation of brain stem death is the case of R v Malcherek and Steel30 The defendants were charged with murder.
The euthanasia law dissertation claimed that the chain of causation was broken because after the assault, the victims had been supported on a ventilator and death occurred as a result of removal of the ventilator. Euthanasia law dissertation Lane, in his judgment stated, Where the edi al pra titio er, usi g ge erall a epta le ethods, a e to the conclusion that the patient was, euthanasia law dissertation all practical purposes dead, and that such vital functions, as remained, were being maintained solely by mechanical means and accordingly discontinued treatment, that did not break the chain of causation et ee the i itial i jur a d death.
This case confirmed the judicial acceptance of recognition of brain stem death as euthanasia law dissertation. The child was found not having a heartbeat on arrival at the hospital.
The child was transferred to another hospital where a number of attempts were euthanasia law dissertation to resuscitate.