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The Right to Die with Dignity - How Far Do Human Rights Extend? (Hardcover, 1st ed. 2022)
Loot Price: R2,983
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The Right to Die with Dignity - How Far Do Human Rights Extend? (Hardcover, 1st ed. 2022)
Series: European Union and its Neighbours in a Globalized World, 6
Expected to ship within 12 - 17 working days
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"Can I choose to die?" As the number of requests for euthanasia and
physician-assisted suicide continues to rise, human rights law
faces a new conflict: the right to die vs. the right to life... The
right to die or, in other words, 'the right to choose the time and
manner of one's own death' is a question of personal autonomy and
its limits. This book provides a comprehensive understanding of the
right to die and sheds light on its possible future under the
European Convention on Human Rights. After setting a clear
framework by defining the key terminology, the book takes a
two-part approach to achieving its aim. The first part focuses on
the right to die in practice by examining selected jurisdictions.
Switzerland, which is famous for its assisted suicide
organizations, and the Netherlands, which was the first country to
legalize euthanasia, are examined in detail. Belgium, Germany, the
United Kingdom, and -as an exception to the Convention perspective
- Canada are also included. While this examination offers a better
understanding of what the right to die looks like in practice, it
also provides insights on the slippery slope argument, which serves
as a counterweight to personal autonomy, without making a
definitive statement on its validity. This part also illustrates
the different paths that led or did not lead to the right to die in
practice. The second part is an analysis of the European Court of
Human Rights case law on the right to die. The Court has made
important statements in only very cases, while its caution when
approaching such a delicate and controversial topic among its 47
members is understandably emphasized. This analysis of the Court's
approach to the balancing of personal autonomy against other
interests allows us to take a look back at the practice in more
permissive jurisdictions through the lens of the Convention. Taken
together, the book's two parts provide valuable lessons for
countries that decide to practice assisted dying, which are
outlined in the conclusion. In addition, given that a purely legal
approach can only offer a partial picture, the book argues that an
interdisciplinary approach would be much more favorable in terms of
providing the necessary basis for the right to die debate.
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