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Is the Time Right to Enact Autonomy-Only Assisted Dying Laws?

J Law Med

November 2024

Associate Professor (Law) School of Law and Justice, University of Southern Queensland.

An increasing number of jurisdictions worldwide have enacted assisted dying laws allowing persons to end their lives with assistance. All existing frameworks have in common that they restrict access to persons who (1) act autonomously and (2) suffer from certain illnesses. The second restriction has been criticised on the basis that it makes judgments about which lives are worth living by only allowing persons with specific medical conditions, but not others, to die with assistance.

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The framing of patients making decisions about their medical treatment and care as traditional legal decisions, thresholds and formalities is a means to avoid legal liabilities through a rationalisation of decision-making, autonomy and choice. A credible account for the actual place of patients posits the sovereign power (founded in the works of Carl Schmitt and Giorgio Agamben) of the health care professional deciding the state of exception - a discrete legal space where the authority of health care professionals is both lawful and beyond the law. This reveals that dealing with broadly conceived consent issues with more law, more process and procedure but without addressing the inherent legality assumptions that empower health care professionals will always be flawed.

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What happens when disadvantaged groups feel that their freedom to define and practice their collective identity (i.e., collective autonomy) is restricted? The present theoretical review outlines the conditions under which social inequality activates the feelings of collective autonomy restriction among disadvantaged group members and motivates the mobilization of social movements seeking social equality.

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Introduction: An increasing number of UK residents are travelling overseas to access medical treatments, the negative health consequences of which are largely managed by NHS doctors.

Methods: This paper performs an ethical analysis, using the ethical framework of principlism, of the duties of NHS doctors in managing these negative health consequences of medical tourism overseas.

Findings: While the doctor's duty to respect patient autonomy contains a negative duty to not interfere with their choice to access medical treatment overseas, it also contains a positive duty to ensure this choice is informed.

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Objective: Sexual autonomy is essential to women's empowerment and crucial to human rights. Measurement of women's sexual autonomy from men's perspective is rare in India, though critical for achieving the sexual and reproductive rights of women who continue to exhibit poor sexual and reproductive health (SRH) outcomes. The study assesses Indian men's attitudes toward women's sexual autonomy and associated factors using a nationally representative sample of men.

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