Should Maltese law recognise the ‘right to die’?

Abstract

Death is inevitable, but should we have the right to decide how and when to die? In light of the developments which took place in 2016 regarding end-of-life measures, namely the introduction of ‘right to die’ laws in Canada and France, the intention of this project is to consider whether a legal reform recognising the ‘right to die’ is required in Malta. The research examines the various end-of-life instruments and their legal concepts. Investigation of the legal, medical, religious and social position in Malta was followed by an analysis of the laws in various countries, particularly within the European Union where euthanasia and assisted suicide are applied. Their stance on end-of-life instruments was examined, with reference to relevant jurisprudence of the European Court of Human Rights and other case-law. Consideration of legal reform led to the study of end-of-life care, namely palliative care and advance directives, and a critical analysis of the possible solutions applicable to Malta. Recommendations have been put forward in favour of a reform. Concrete actions should be taken towards achieving legal certainty, by enacting laws to introduce advance directives as part of the medical care plan of a patient, including living wills and a durable power of attorney. Concurrently, we should strengthen our healthcare services and educate physicians and health care workers on better communication to provide optimum palliative care for patients at the end-of-life. This would help ensure a beneficial environment for the patient and the physician, where decision making is based on respect of the human right to dignity as well as the protection of patients’ rights at the end-of-life.