Medical assistance in dying: UN experts worried about expanded access
Their arguments echo those put forward by disability rights advocates in Canada.
OTTAWA - United Nations human rights experts are alarmed at what they see as a growing trend to pass laws authorizing physician-assisted dying for people with non-terminal disabling illnesses.
Three experts, including the United Nations Special Rapporteur on the rights of persons with disabilities, claim that such legislation tends to be based on “ableist” assumptions about the quality and value of a person's life with disabilities.
In a statement released earlier this week, experts fail to specifically mention Canada's bill, which would expand medical assistance in dying to people who are suffering intolerably but are not near the natural end of their lives. .
But their arguments echo those advanced by disability rights advocates in Canada, who are fiercely opposed to Bill C-7.
The bill was passed by the House of Commons and is currently before the Senate.
It aims to bring the law into line with a decision of the Superior Court of Quebec, in 2019, which invalidated a provision of the current law authorizing assisted dying only for people whose natural death is reasonably foreseeable.
The near-death criterion was contested by Nicole Gladu and Jean Truchon, who both suffered from degenerative and disabling conditions, but who were not at the end of their life. Judge Christine Baudouin agreed with them that the restriction violated their rights to equal treatment before the law and to life, liberty and security of the person.
However, United Nations experts say extending assisted dying to people with non-terminal disorders violates article 10 of the United Nations Convention on the Rights of Persons with Disabilities, "which obliges states to ensure that people with disabilities can effectively enjoy their inherent right to life on an equal basis with others ”.
“When end-of-life interventions are standardized for people who are not terminally ill or suffering at the end of their life, these legislative provisions tend to rest on - or rely on - ableist assumptions about the inherent “quality” or “value” of a disabled person's life, ”they say in a statement released Monday by the UN Human Rights Council.
“Disability is not a burden or a deficit on the person. It is a universal aspect of the human condition, ”they add.
The experts who issued the statement are Gerard Quinn, the UN Human Rights Council's Special Rapporteur on the rights of persons with disabilities; Olivier De Schutter, Special Rapporteur on extreme poverty and human rights; and Claudia Mahler, who has been described as "an independent expert on the enjoyment of all human rights by older persons".
Three experts, including the United Nations Special Rapporteur on the rights of persons with disabilities, claim that such legislation tends to be based on “ableist” assumptions about the quality and value of a person's life with disabilities.
In a statement released earlier this week, experts fail to specifically mention Canada's bill, which would expand medical assistance in dying to people who are suffering intolerably but are not near the natural end of their lives. .
But their arguments echo those advanced by disability rights advocates in Canada, who are fiercely opposed to Bill C-7.
The bill was passed by the House of Commons and is currently before the Senate.
It aims to bring the law into line with a decision of the Superior Court of Quebec, in 2019, which invalidated a provision of the current law authorizing assisted dying only for people whose natural death is reasonably foreseeable.
The near-death criterion was contested by Nicole Gladu and Jean Truchon, who both suffered from degenerative and disabling conditions, but who were not at the end of their life. Judge Christine Baudouin agreed with them that the restriction violated their rights to equal treatment before the law and to life, liberty and security of the person.
However, United Nations experts say extending assisted dying to people with non-terminal disorders violates article 10 of the United Nations Convention on the Rights of Persons with Disabilities, "which obliges states to ensure that people with disabilities can effectively enjoy their inherent right to life on an equal basis with others ”.
“When end-of-life interventions are standardized for people who are not terminally ill or suffering at the end of their life, these legislative provisions tend to rest on - or rely on - ableist assumptions about the inherent “quality” or “value” of a disabled person's life, ”they say in a statement released Monday by the UN Human Rights Council.
“Disability is not a burden or a deficit on the person. It is a universal aspect of the human condition, ”they add.
The experts who issued the statement are Gerard Quinn, the UN Human Rights Council's Special Rapporteur on the rights of persons with disabilities; Olivier De Schutter, Special Rapporteur on extreme poverty and human rights; and Claudia Mahler, who has been described as "an independent expert on the enjoyment of all human rights by older persons".
They argue that everyone agrees that there can be no justification for helping "any other protected group - whether racial minority, or sexual or gender minorities - to end their lives. because they are suffering because of their status ”.
And it shouldn't be any different for people with disabilities, they say.
“Disability should never be a motive or justification for ending someone's life directly or indirectly,” they argue.
Even when assisted dying is reserved for people at the end of their life, they argue that people with disabilities, the elderly and especially the elderly with disabilities "may feel subtle pressure to end their lives prematurely" because of the societal attitudes and lack of support services.
And those living in poverty may decide to seek assisted dying "as a gesture of desperation", not as a real choice, they say.
The federal government has until February 26 - after obtaining three extensions - to bring the law into line with Justice Baudouin's ruling.
The Senate Legal and Constitutional Affairs Committee, which has already conducted a pre-study of Bill C-7, is due to resume its study and consider possible amendments in three one-day meetings, starting Monday.
And it shouldn't be any different for people with disabilities, they say.
“Disability should never be a motive or justification for ending someone's life directly or indirectly,” they argue.
Even when assisted dying is reserved for people at the end of their life, they argue that people with disabilities, the elderly and especially the elderly with disabilities "may feel subtle pressure to end their lives prematurely" because of the societal attitudes and lack of support services.
And those living in poverty may decide to seek assisted dying "as a gesture of desperation", not as a real choice, they say.
The federal government has until February 26 - after obtaining three extensions - to bring the law into line with Justice Baudouin's ruling.
The Senate Legal and Constitutional Affairs Committee, which has already conducted a pre-study of Bill C-7, is due to resume its study and consider possible amendments in three one-day meetings, starting Monday.
Joan bryden The Canadian Press
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