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VOL. 9, ISSUE 1 (2023)
An overview of self determination and the law on euthanasia in Nigeria
Authors
Dr. Famous izobo esq
Abstract
Historically, a deluge of perspectives has
been propounded for or against euthanasia (or mercy killing) and assisted
suicide. Perhaps one of the most passionate advocacies against euthanasia and
assisted suicide has come from the ranks of the adherents of the principal
religions of the world. To them, life is a gift of God (Allah). Therefore, man
does not have absolute dominion or control over this gratuitous gift. Man is a
mere ‘steward’ and not the Owner of his life and so the time, date and
circumstances of his death cannot be determined by him. To them the principle
of the sanctity of human life transcends all other rights. On the other hand,
supporters of euthanasia and assisted suicide often call in aid, the principle
of self-determination or autonomy of a patient expressed in the right to
informed consent among others as an inalienable right. A legal regime of
absolute prohibition of euthanasia and assisted suicide, as it is presently
obtainable in most countries of the world, in their view, represent an
unjustifiable encroachment of this equally sacred principle of
self-determination available to and exercisable by all persons, irrespective of
circumstances of ill health. This paper critically examines euthanasia and
assisted suicide, the prevailing legal regime surrounding the acts in some
selected jurisdictions. This is against the backdrop of the existence and
application of the doctrine of self-determination of a patient expressed in the
principle of informed consent, advance directives or living will, and the right
to decline lifesaving treatments under common law, statutes, and medical law
and ethics and the constitution in Nigeria. The state of the law in some other
jurisdictions is also x-rayed with a view to determining whether or to what
event the right to euthanasia and assisted suicide accords with the principle
and right of a patient to self-determination. The paper concludes, with the
identification of the right to euthanasia and assisted suicide as
constitutional and legal rights embedded and constituting an integral part of
the right to self-determination.
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Pages:240-247
How to cite this article:
Dr. Famous izobo esq "An overview of self determination and the law on euthanasia in Nigeria". International Journal of Law, Vol 9, Issue 1, 2023, Pages 240-247
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