The unfeasibility of requests for euthanasia in advance directives
Open accessAbstract
In April 2002 a new law regarding euthanasia came into effect in The Netherlands. This law holds that euthanasia remains a criminal offence unless it is (1) performed by a physician who (2) acts according to six specified rules of due care and (3) reports the case to a review committee. The six rules of due care are similar to those of the previous regulation and are largely based on jurisprudence. Completely new, however, is the article concerning a competent patient who has written an advance directive requesting euthanasia under certain circumstances. The law stipulates that a physician may act according to that written request, as long as he or she fulfils all other rules of due care. The author defends the view that these requests are neither feasible nor ethically justifiable, and presents both moral and practical arguments for this, claiming that for consistency reasons one cannot act on the basis of a written statement and fulfil the other rules of due care at the same time. The author also examines a difficult case of a demented, severely depressed woman who had written a living will requesting euthanasia before she became demented.
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Much of the debate about dementia EAS focuses on challenges in determining decisional capacity, evaluating an advance euthanasia directive's applicability, assessing unbearable suffering, and implementing the EAS procedure in advance request cases.
“Much of the debate about dementia EAS focuses on challenges in determining decisional capacity, evaluating an advance euthanasia directive’s applicability, assessing unbearable suffering, and implementing the EAS procedure in advance request cases.(2, 11–16)”
From Euthanasia and Assisted Suicide of Persons With Dementia in the Netherlands (2020) · cites this paper as [13]
Key points of debate regarding advance requests-including difficulties interpreting advance euthanasia directives, assessing unbearable suffering, and implementing the EAS procedure-are indeed problems that arise in advance request EAS.
“It also appears that key points of debate regarding advance requests(11–16)—including difficulties interpreting advance euthanasia directives, assessing unbearable suffering, and implementing the EAS procedure—are indeed problems that arise in advance request EAS.”
From Euthanasia and Assisted Suicide of Persons With Dementia in the Netherlands (2020) · cites this paper as [13]
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Cites
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Advance euthanasia directives: a controversial case and its ethical implications
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Self-citationAdvance directives for euthanasia in dementia: do law-based opportunities lead to more euthanasia?
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- Authors
- van Delden, J. J. M.
- Venue
- Journal of Medical Ethics
- Publisher
- BMJ
- Published
- 2004-10
- Volume
- 30
- Issue
- 5
- Pages
- 447-451
- ISSN
- 0306-6800 (ISSN-L)
- 1473-4257
- PMC
- PMC1733921
- OpenAlex
- W2116640208
- Cited by
- 87
- References
- 9
- Citations by year
- 2026: 1 · 2025: 4 · 2022: 1 · 2021: 3 · 2020: 4 · 2019: 4 · 2018: 35 · 2017: 3 · 2016: 1 · 2015: 1 · 2014: 2 · 2013: 1 · 2012: 5
- FWCI
- 2.38
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Journal of Medical Ethics (publishedVersion)
- PubMed Central (publishedVersion)
- PubMed (publishedVersion)
- DigitalGeorgetown (Georgetown University Library) (submittedVersion)
- Topics
- Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Ethics and bioethics in healthcare
- Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Palliative Care and End-of-Life Issues
- Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Palliative and Oncologic Care
- Keywords
- euthanasia, advance directives, living wills, euthanasia legislation, physician competence, demented patients, Dutch euthanasia law
- MeSH terms
- Aged, Dementia, Empathy, Euthanasia, Female, Humans, Informed Consent, Morals, Netherlands, Intractable Pain, Palliative Care, Physician-Patient Relations, Advance Directives, Mental Competency, Practice Guidelines as Topic, Personal Autonomy
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