Who Is Eligible for Voluntary Assisted Dying? Nine Medical Conditions Assessed Against Five Legal Frameworks

Jocelyn Downie, Ben P. White, Lindy Willmott, Katrine Del Villar, Jayne Hewitt, Eliana Close, Laura Ley Greaves, James Cameron, Rebecca Meehan

    Research output: Contribution to journalArticlepeer-review

    Abstract

    Eligibility criteria in voluntary assisted dying legislation determine access to assistance to die. This article undertakes the practical exercise of analyzing whether each of the following nine medical conditions can provide an individual with access to voluntary assisted dying: cancer; motor neurone disease, chronic obstructive pulmonary disease, chronic kidney disease, Alzheimer's disease, anorexia, frailty, spinal cord injury and Huntington's disease. This analysis occurs across five legal frameworks: Victoria, Western Australia, a model Bill in Australia, Oregon and Canada. The article argues that it is critical to evaluate voluntary assisted dying legislation in relation to key medical conditions to determine the law's boundaries and operation. A key finding is that some frameworks tended to grant the same access to voluntary assisted dying, despite having different eligibility criteria. The article concludes with broader regulatory insights for designing voluntary assisted dying frameworks both for jurisdictions considering reform and those reviewing existing legislation.

    Original languageCanadian English
    JournalArticles, Book Chapters, & Popular Press
    Publication statusPublished - Jan. 1 2022

    Keywords

    • VAD
    • Voluntary Assisted Dying
    • MAID
    • Medical Assistance in Dying
    • Death with Dignity
    • Eligibility Criteria

    Disciplines

    • Disability Law
    • Elder Law
    • Health Law and Policy
    • Human Rights Law
    • International Law
    • Jurisdiction
    • Law
    • Law and Society
    • Medical Jurisprudence
    • Social Welfare Law

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