Pre-Emptive Healthcare in the Context of Voluntary Assisted Dying and Assisted Reproduction: Expanding the Pain and Suffering Justification

The development of ethical justifications for voluntary assisted dying practices have formed the basis of the newly implemented legal frameworks for voluntary assisted dying in Australia, removing previous constraints on these practices and expanding the recognition of pain and suffering. This article argues that the growing recognition of pain and suffering has provided an ethical justification for the creation and/or expansion of pre-emptive healthcare practices particularly in the instance of voluntary assisted dying and assisted reproduction. The concept of pain and suffering in assisted reproduction is mainly considered in new pre-implantation practices involving genome editing of human embryos and whether these practices can be effectively implemented in Australia. By using the internationally recognised four pillars of medical ethics, this article analyses the current regulation of voluntary assisted dying and assisted reproduction in Australia, particularly considering pre-implantation embryonic practices, comparing the justifications for expanding assisted dying regulations and continuing to constrain assisted reproduction. This analysis concluded that pre-implantation embryonic practices would be ethically justifiable under recent expansions of pain and suffering considerations and could be effectively implemented through selective legislation.

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Publication Details

Journal
University of South Australia Law Review
Published
2024-08-30
DOI
https://doi.org/10.21913/uslrunisalr.v6.1688
Primary Topic
Organ Donation and Transplantation
Type
article
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article

Pre-Emptive Healthcare in the Context of Voluntary Assisted Dying and Assisted Reproduction: Expanding the Pain and Suffering Justification

Cassandra Williams
University of South Australia Law Review
Organ Donation and Transplantation
article

Pre-Emptive Healthcare in the Context of Voluntary Assisted Dying and Assisted Reproduction: Expanding the Pain and Suffering Justification

Cassandra Williams
article en

Abstract

The development of ethical justifications for voluntary assisted dying practices have formed the basis of the newly implemented legal frameworks for voluntary assisted dying in Australia, removing previous constraints on these practices and expanding the recognition of pain and suffering. This article argues that the growing recognition of pain and suffering has provided an ethical justification for the creation and/or expansion of pre-emptive healthcare practices particularly in the instance of voluntary assisted dying and assisted reproduction. The concept of pain and suffering in assisted reproduction is mainly considered in new pre-implantation practices involving genome editing of human embryos and whether these practices can be effectively implemented in Australia. By using the internationally recognised four pillars of medical ethics, this article analyses the current regulation of voluntary assisted dying and assisted reproduction in Australia, particularly considering pre-implantation embryonic practices, comparing the justifications for expanding assisted dying regulations and continuing to constrain assisted reproduction. This analysis concluded that pre-implantation embryonic practices would be ethically justifiable under recent expansions of pain and suffering considerations and could be effectively implemented through selective legislation.

University of South Australia Law ReviewVol. 6
University of South Australia (AU)
Good health and well-being
Openalex Percentile: Top 78%
Organ Donation and Transplantation
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