Euthanasia ‘Yes’, Cannabis ‘No’

 

In a country where there is no provision for the death penalty for any types or even deadly crime, voluntary death or euthanasia has now been legal in New Zealand. However, with their freedom of expression, New Zealanders have not legalized cannabis (marijuana) use for entertainment. In other words, New Zealanders have voted to allow assisted dying or euthanasia for the terminally ill but voted down legalizing cannabis.

The national election was held on 17 October in New Zealand and on the same day, a referendum (yes-no vote) was also held on legalizing the use of euthanasia and cannabis. The preliminary result of that referendum was released on 30 October. In the preliminary result, 65.2 per cent voted in support of the end of Life Choice Act or euthanasia, while 53.1 per cent voted against the Cannabis Legalisation and Control Bill. Preliminary results of 30 October did not include the verdicts of an estimated 5 lakh voters, including expatriates. So many New Zealanders thought that the final result may change the verdict on the legality of cannabis use.

The final result of the referendum, including the postal ballot, were announced on November 6 and it was observed that there was no change in the preliminary results announced on October 30. In the preliminary result 65.2 percent of the population voted in favour of euthanasia and the final result showed it as 65.1 percent. In case of cannabis, 53.1% of the people were against the legalization of cannabis use in the preliminary result and the final result showed it as 50.6%, which gave victory to the opponents of cannabis use. In other words, through the referendum the New Zealanders have said ‘Yes’ to euthanasia and ‘No’ to recreational cannabis use.

Arguments about euthanasia have been continuing for a long time. There are positive arguments for euthanasia as well as against it. The word ‘euthanasia’ comes from the Greek words ‘eu’ and ‘thanatos’. ‘Eu’ means good or easy or auspicious and ‘Thanatos’ means death. So, euthanasia means death with peace or choice.

Euthanasia refers to deliberately ending someone’s life, usually to relieve suffering. Doctors sometimes perform euthanasia when it’s requested by people who have a terminal illness and are in a lot of pain. It’s a complex process and involves weighing many factors. Local laws, someone’s physical and mental health, and their personal beliefs and wishes all play a role to choose euthanasia.

Generally, euthanasia is of 3 types:

*   Voluntary euthanasia occurs at the request of the person who want to die.

*    Non-voluntary euthanasia occurs when the person is unconscious or otherwise unable (for example, a very young baby or a person of extremely low intelligence) to make a meaningful choice between living and dying, and an appropriate person takes the decision on their behalf.

*   Involuntary euthanasia occurs when the person who dies chooses life and is killed anyway. This is usually called murder, but it is possible to imagine cases where the killing would count as being for the benefit of the person who dies.

Active euthanasia occurs when death is caused by the administration of a lethal injection or drugs by medical practitioners. In other words, active euthanasia is when death is brought about by an act - for example when a person is killed by being given an overdose of painkillers or lethal drugs.
Passive euthanasia occurs when medical practitioners do not provide life- sustaining treatment (i.e. treatment necessary to keep a patient alive) or remove patients from life sustaining treatment.

Passive euthanasia is when death is brought about by an omission - i.e. when someone lets the person die. This can be by withdrawing or withholding treatment:

*    Withdrawing treatment: for example, switching off a machine that is keeping a person alive, so that they die of their disease.

*    Withholding treatment: for example, not carrying out surgery that will extend life for a short time.

Recognition of euthanasia has long been a subject of emotional debate at the national level in New Zealand, as in many other countries around the world. But now euthanasia was recognized by the people of the country through referendum. From November next year, terminally ill adults will be able to choose death voluntarily in the country. If the bill becomes law, long-term and critically ill people in New Zealand who are expected by doctors to live for at least six months will be able to choose the path of voluntary death or euthanasia. Of course, it requires the approval from doctors. The opponents, however, allege that the law on euthanasia does not provide adequate safeguards to all parties.

The End of Live Choice Act 2019 was placed at the parliament last year in the form of a bill. At that time New Zealand parliament has passed the debated bill legalising assisted dying, with the option that public to make the final decision through referendum. Earlier, New Zealand's Matt Vickers and Lecretia Seales raised the issue of euthanasia. Lacretia Seales, a lawyer with a brain tumor, filed for euthanasia with the help of her husband, Matt Vickers. Lecretia did not win her case and she died in 2015 at the age of 42 after her family received a negative verdict on euthanasia from the Wellington High Court. Matt Vickers later continued the euthanasia movement. Vickers also authored a book, Lecretia's Choice: A Story of Love, Death and the Law. After the victory result on euthanasia Vickers told the BBC "I am grateful that terminally ill New Zealanders will have a say about the ends of their lives."

The End of Life Choice Act will become enshrined in law in New Zealand in the November next year. Once the End of Life Choice Act becomes law, Kiwis will be eligible for assisted dying or euthanasia so long as they:

*    Are aged 18 years or over

*    Are a citizen or permanent resident of New Zealand

*    Suffer from a terminal illness that's likely to end their life within six months

*    Showing significant decline in physical capability

*    Experience unbearable suffering that cannot be eased

*    Can make an informed decision about assisted dying

In the case of a request for assisted dying, the physician in charge must do their best to ensure it's the person's own choice. "If, at any time, the doctor or nurse practitioner thinks a person is being pressured about their decision, they must stop the process," says New Zealand Government information. "A health practitioner is not allowed to suggest that a person consider assisted dying when providing a health service to them."

The legislation authorises a doctor or nurse to administer or prescribe a lethal dose of medication to be taken under their supervision if all the conditions are met. The law also says a person cannot be eligible for assisted dying based on advanced age, mental illness, or disability alone.

Euthanasia in other countries of the world

Euthanasia or assisted dying has been going on for 20 years in some parts of the world. By voting "yes" to the euthanasia New Zealand is joining to that small group of nations and territories that have passed similar legislation. Euthanasia is legal in Switzerland, Netherlands, Belgium, Canada, Colombia and Luxembourg. Several states in the United States and Australia have also made assisted dying legal.

Euthanasia is illegal in many countries, but what is regarded as "passive euthanasia", in which a patient is allowed to die by turning off life support or denying treatment is either tolerated or legal in some countries. Countries that allow passive euthanasia include Finland, Ireland Japan, Latvia and Sweden.

Euthanasia is not allowed in Bangladesh, but passive euthanasia is allowed in India

Euthanasia is forbidden in Bangladesh as it is illegal in Islam. Although the constitution of Bangladesh recognizes the 'Right to Life' as a fundamental legal right in Articles 31 and 32, it does not recognize euthanasia. However, abortion is legal in Bangladesh according to its domestic law. In India, passive euthanasia has been legalized in 2018. And the person who wants to die will not be able to have any kind of opinion in this case. In fact, if he is able to hold an opinion, euthanasia would not be legal for him. If a relative of a patient in coma or vegetative stage only appeals, then he may get the permission to die with the permission of the High Court as per the recommendation of the Special Medical Board and the State Government of India. This death will also be under the supervision of a practicing doctor. Declaring the right to die with dignity as a fundamental right, the Supreme Court of India on 9 March 2018 passed an order allowing passive euthanasia in the country.

In the referendum held in New Zealand on October 17, public opinion was sought on whether the use of cannabis for entertainment would be legal or not. Preliminary results showed that 53.1% of the people voted against the proposal to legalize cannabis. 48.1% votes were cast in favour. The final results of the cannabis referendum have been released on 6 November 2020. In the final result Yes received 1,406,973 votes (48.4%) , compared to 1,474,635 votes for No (50.7%). The difference was just 67,662 votes.

Newly elected Prime Minister Jacinda Ardern has supported to legalize cannabis (marijuana) use for emotional well-being in her election manifesto. Opposition leader Judith Collins, however, campaigned against the legalization of cannabis in New Zealand. Even before the vote, New Zealand Prime Minister Jacinda Ardern admitted in a TV debate that she had used cannabis long ago. Many believed an endorsement by Jacinda Ardern could have boosted support for the measure to legalise cannabis, but the New Zealanders give their decision not to legalize cannabis.

In New Zealand, the ballot measure required voters to approve not just the general principle of legalization of cannabis, but also specific regulations for the creation of a legal market. But New Zealanders opposed the measure. New Zealand has historically taken a conservative approach to any drug use.
The New Zealand Drug Foundation said the country still must act to reverse a punitive approach to drugs that fell disproportionately on young people and the Indigenous Maori.

Recreational Cannabis (Marijuana) use in other countries

Only two countries of the world Canada and Uruguay have legalized recreational cannabis (marijuana) use. However, recreational use of cannabis is also legal in several states of USA, including Washington DC. A handful of other nations, meanwhile, have policies allowing personal possession, home cultivation and medical use of cannabis including Mexico, South Africa, Georgia plus a few U.S. states. Thailand is the first country in Asia to legalize cannabis for medical use.


The writer is a Doctoral Researcher of Massey University, New Zealand.
Email: [email protected]