Is Assisted Dying Really a Matter for Medical Regulation?

This paper considers whether assisted suicide and euthanasia (AS/E) is an area for medical regulation or whether there is a better alternative regulatory mechanism to govern it. Drawing from empirical evidence across a range of jurisdictions where it is legalized, the paper argues that there are at least four good reasons to consider demedicalizing AS/E: (1) pragmatic ethical issues of infrastructural weakness in AS/E service provision in already overstretched healthcare systems globally; (2) challenges of medicalization; (3) regulatory complexities concerning medical law (including pharmaceutical law) and criminal law; (4) the risk that AS/E becomes more easily susceptible to healthcare economics. The paper suggests several recommendations concerning a possible "demedicalized model."

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Publication Details

Journal
The Journal of Law Medicine & Ethics
Published
2025-01-01
DOI
https://doi.org/10.1017/jme.2025.10117
Citations
2
Primary Topic
Ethics in medical practice
Type
article
Field-Weighted Citation Impact
5.63
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article

Is Assisted Dying Really a Matter for Medical Regulation?

J. Hardes
2 citations
The Journal of Law Medicine & Ethics
Ethics in medical practice
5.63
article

Is Assisted Dying Really a Matter for Medical Regulation?

J. Hardes
article en
2 citations

Abstract

This paper considers whether assisted suicide and euthanasia (AS/E) is an area for medical regulation or whether there is a better alternative regulatory mechanism to govern it. Drawing from empirical evidence across a range of jurisdictions where it is legalized, the paper argues that there are at least four good reasons to consider demedicalizing AS/E: (1) pragmatic ethical issues of infrastructural weakness in AS/E service provision in already overstretched healthcare systems globally; (2) challenges of medicalization; (3) regulatory complexities concerning medical law (including pharmaceutical law) and criminal law; (4) the risk that AS/E becomes more easily susceptible to healthcare economics. The paper suggests several recommendations concerning a possible "demedicalized model."

The Journal of Law Medicine & EthicsVol. 53(2)
Canterbury Christ Church University (GB)
Peace, Justice and strong institutions
Openalex Percentile: Top 5%
Ethics in medical practice
5.63
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