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Abuse End-of-Life Assistance

Critics argue that End-of-Life assistance leads to a growing moral acceptance of providing End-of-Life assistance. However, in the Netherlands this acceptance exists already for decades. After all, the vast majority of Dutch citizens want their own End-of-Life Management. The fear of the critics is that this acceptance could lead to a so-called ‘Slippery Slope’, i.e. that suicide could become so ‘common’ that individuals, especially vulnerable groups, for whom ending their life is not rational, could still be susceptible to abuse or manipulation by others. According to these critics, this could also lead to allowing or encouraging suicide, whether unconsciously or not, which could mean that this suicide is no longer in the interests of the individual concerned, but that the interests in particular of others will come first.

It cannot be determined to what extent these ‘slippery slope’ concerns are legitimate. However, there is no concrete support for these concerns (Cholbi 2011). A study also found that there is little evidence of abuse, especially of vulnerable groups, when it comes to voluntary euthanasia (Emanuel 2016). Also: in a situation where abuse is involved, the criminalization of art. 294 paragraph 1 of the Dutch Criminal Code applies. In addition, such an act of abuse could also be tried under the statutory articles of murder (Article 289 of the Criminal Code) or manslaughter (Article 287 of the Criminal Code). In the Proposal End of Life Management Act (www.levenseinderegie.nl), the End-of-Life Supervisor pays extra attention to possible abuse or manipulation to prevent the small chance of this to happen.
Therefore: research shows that there is no concrete support for concerns about abuse and manipulation in End-of-Life Assistance. In particular, there is little evidence for abuse and manipulation in the sense of inciting ‘voluntary’ euthanasia among vulnerable groups.

Cholbi 2011, p. 62-64, 148-157 M. Cholbi, Suicide: The Philosophical Dimensions, Peterborough, Ontario: Broadview 2011, p. 62-64, 148-157.

Emanuel e.a. 2016, p. 79-90 E. Emanuel e.a., ‘Attitudes and Practices of Euthanasia and Physician-Assisted Suicide in the United States, Canada and Europe’, Journal of the American Medical Association 2016, p. 79–90.

Claudia Alexandra Pietsch De mogelijke afschaffing van de strafbaarstelling van hulp bij zelfdoding ex. Art. 293 en 294 sr. Behoeven de artikelen 293 en 294 Sr aanpassing, wanneer de juridische invulling van ‘behulpzaam zijn’ wordt afgewogen tegen het schadebeginsel van Feinberg en de moraliteit, en zo ja, in welke mate? (The possible abolition of the criminalization of assisted suicide ex. Art. 293 and 294 Sr. Do Articles 293 and 294 Sr need adjustment when the legal interpretation of ‘being helpful’ is weighed against Feinberg’s harm principle and morality, and if so, to what extent?) Master’s thesis in Law; Tilburg Law School; May 15, 2019. Supervisor: Mr. S.R.B. Walter; Second reader: Mr. R. Milic.