Euthanasia, the right to die and the law in South Africa.
In this article euthanasia is defined and classified. Each of the classification is examined in relation to the relevant South African law as are the possible defences to criminal charges flowing from a euthanasia situation. Further, the validity of the so-called 'living will' is examined. While most declarations or bills of human rights seek to protect an individual's right to life, this article shows that an individual enjoys no right (from a human right point of view) enabling him to choose the time and condition of his death, irrespective of whether he is terminally ill. The reason for this negative attitude to euthanasia by society is considered. In conclusion it is observed that due to the plurality of society in South Africa, it will be no easy task for the legislature to pass acceptable laws regarding euthanasia, however limited. Finally, positive suggestions are made for the implementation of a valid 'living will'.
Leonard-Taitz
J
J
Medico-Legal Research Centre, University of Durban-Westville, South Africa.
D003431:Cross-Cultural Comparison; D003906:Developing Countries; D005065:Euthanasia / Q000331:legislation & jurisprudence*; D028601:Euthanasia, Active; D033101:Euthanasia, Active, Voluntary; D005066:Euthanasia, Passive / Q000331:legislation & jurisprudence; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D011996:Records; D012297:Right to Die / Q000331:legislation & jurisprudence*; D013019:South Africa; D026712:Value of Life; D028761:Withholding Treatment