Physician–assisted suicide and its legal implications

Abstract

Law is made by the people and for the people, and to still remain relevant and pertinent to today’s changes in society, it must be updated and reformed on a regular basis. One of the subjects which has lately given rise to controversy, is the legalisation of physician-assisted suicide, a procedure by means of which the patient is given the autonomy to terminate his/her life with dignity. This subject is raising various questions; such as what value is being given to human life and whether there is a ‘right to die’. These questions are being raised along with the uncertainty of whether there is a general duty to prolong life. Notwithstanding the fact that this subject is raising substantive arguments and contradictory opinions, patients are still being given the right to voice their opinions in front of Maltese institutions, namely the Parliament of Malta within respective committees. Despite the fact that physician-assisted suicide is legally accepted and widely recognised in some of the European Countries, Maltese authorities are still hesitant in coming to terms with and legally recognising these procedures. This paper aims to examine some of the legal implications and effects brought about by its legalisation. Through a comparison with other jurisdictions which have legally recognised these practices, this paper seeks to point out the possible outcome - following a reform in Maltese law, whilst providing an insight of the present scenario of Maltese legislation on this matter and examining what could possibly be the way forward.