A comparative legal study between assisted suicide and self-determination

Abstract

This research project aims to examine the rights associated with assisted suicide, in that whether or not autonomy should be intrinsically tied to such a notion and therefore allow individuals to be endowed with such a right and subsequently fall within the ambit of their own decision making process, or rather whether assisted suicide, in fact, does not fall within the arena of personal autonomy but rather jurisdictional and constitutional constraints should halt such practice altogether though legislation. Through the use of practice examples, especially by the careful analysis of European Case Law this project will outline the perspective of not only local jurisdictions but also the opinion of the higher courts at European level. Although perhaps domestic courts as well as the European court of Human Rights have not as yet come to any conclusive ends on the matter, they certainly delve into the question of autonomy and privacy associated with such a practice. The convention on Fundamental Human Rights is also examined. The Court discusses whether assisted suicide can be justified on the basis of the provisions of the Convention. The analysis of case law coupled with the anysis of different juridical systems of member states allows for a deeper understanding of the whole concept of assisted suicide, which will question not only its legality but also the any moral or ethical considerations attached to it.