Voluntary Assisted Dying and Conscientious Objection: An Analysis from Victoria, Australia.

J Law Med

Associate Professor, Monash University Faculty of Law; Deputy Director, Castan Centre for Human Rights Law.

Published: November 2024

This article analyses qualitative empirical research conducted by this author to gain a deeper understanding of the rationale behind conscientious objection (CO) to voluntary assisted dying (VAD) and its impact on the operation of VAD in Victoria, Australia. It begins by providing an overview of the Australian legal approach to CO in the context of VAD. It then discusses the spectrum of attitudes that exist towards VAD, illuminating some of the nuance and complexity of the individual and institutional approaches. The article then focuses on the reasons behind CO, noting that there are a range of moral reasons why people may oppose VAD. Finally, the article turns to consider the impact of CO on patient access to VAD, concluding that CO is affecting patient access in Victoria, and that Victoria should modify its legal approach so as to balance the right to CO more appropriately against the legal right to access VAD.

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