Comparative Analysis of Individual Case Reviews in Assisted Dying Oversight Systems Internationally

Abstract As more jurisdictions consider introducing assisted dying laws, questions are raised as to optimal oversight mechanisms. There have been a variety of approaches taken internationally to oversight of individual cases of assisted dying. All jurisdictions examined in this article require clinical prospective review, where a second practitioner assesses the person’s eligibility. Jurisdictions also uniformly permit some kind of state retrospective review, whereby a patient’s death is examined after they have died although the nature of these reviews varies. Some jurisdictions have introduced state prospective review, where approval is required before assisted dying can occur, and Québec has a system of clinical retrospective review. Some recent approaches challenge the traditional dichotomy of prospective and retrospective review by also introducing the capability of undertaking some form of contemporaneous review. This article undertakes a detailed examination and comparison of the various international approaches to oversight of individual cases of assisted dying.