Draft legislation proposed by the law commission recommends legalising euthanasia, reports Gustav Thiel
THE first steps have been taken toward legislation allowing South African doctors to end the lives of the terminally ill. A discussion document by the South African Law Commission, released to the Mail & Guardian, recommends new legislation allowing so-called passive euthanasia – withholding life support or life-saving treatment.
The commission, which is to release its recommendations next week, stresses that its 180-page report should only be regarded as a discussion document. The report is open to public submissions until June.
But medical experts say the report, which also includes a proposed draft Bill, is likely to lead to passive euthanasia being legalised.
Among the draft Bill’s clauses is a provision allowing a mentally incompetent person to hand a third party their right to decide whether they should have euthanasia performed.
Commission secretary Willie Henigan said the topic of active euthanasia – where doctors act deliberately to end the life of a terminally ill patient – remained a delicate subject in South Africa, and so no concrete suggestions on it had been included in its proposed legislation. Active euthanasia is expected, however, to be part of the discussion process prior to new legislation.
Recent research by the medical profession found that one doctor in eight was already practising some form of euthanasia – a breach of current law and their own Hippocratic Oath.
The report imposes strong caveats on passive euthanasia.
Section 5 of the suggested draft Bill, states: “Should a medical practitioner be requested by a patient to make an end to the patient’s suffering, or to enable the patient to personally make an end to the patient’s suffering by way of administering or providing some or other legal agent, the medical practitioner shall not give effect to this request unless he or she is convinced that the patient is suffering from a terminal illness; the patient is subject to extreme suffering; the patient is over the age of 18 years and mentally competent.”
Other caveats include ensuring the patient has been adequately informed about their terminal illness, the prognosis of their condition and of any treatment or care available.
The patient’s request has to be based on an “informed and well-considered decision”, the commission adds. The patient must be given “the opportunity to re-evaluate his or her request”, and he or she must persist in that request. Also, euthanasia must be “the only way for the patient to be released from his or her suffering”.
The doctor must also consult with another doctor who knows the patient’s medical history before making the decision.