December 2003 - Euthanasia and Assisted Suicide
The year 2003 witnessed a resurgence of interest and concern about
euthanasia and suicide in many parts of the world. To cite just
a few examples:
- In France the case of Vincent Humbert, a young man severely
injured in a road accident, elicited widespread public and professional
discussion about whether euthanasia is morally acceptable and
should be legal in such situations.
- In Korea, two cases of euthanasia were reported in the media
during October.
- In May Columbia's Constitutional Court ruled that no person
can be held criminally responsible for taking the life of a
terminally ill patient who has given clear authorization to
do so. Since the ruling directly contradicts current law, the
court directed the country's Congress to develop procedures
to 'regulate' the practice of euthanasia, leaving it up to the
legislators to determine how the terminally ill who want to
die may express their consent and how they should be killed.
- In September the Social, Health and Family Affairs Committee
of the Council of Europe Parliamentary Assembly released a report
on euthanasia that asks the Governments of the member states
"to collect and analyse empirical evidence about end-of-life
decisions, to promote public discussion of such evidence, to
promote comparative analysis of such evidence in the framework
of the council of Europe, and, in the light of such evidence
and public discussion, to consider whether enabling legislation
should be envisaged." The Committee on Legal Affairs and
Human Rights subsequently issued a critical
opinion on this report .
The WMA's position on euthanasia and assisted suicide in unequivocal.
Its 1987 statement reads as follows; "Euthanasia, that is
the act of deliberately ending the life of a patient, even at
the patient's own request or at the request of close relatives,
is unethical. This does not prevent the physician from respecting
the desire of a patient to allow the natural process of death
to follow its course in the terminal phase of sickness."
This policy, and the 1992 statement opposing physician-assisted
suicide, were reaffirmed in a resolution
adopted at the Washington, DC Assembly in 2002.
In response to a report that the Code of Ethics for Belgian physicians
might be changed to require participation in euthanasia, if only
by referring a patient to another physician willing to perform
euthanasia, the WMA Council at its May 2003 meeting passed a resolution
on the relation of law and ethics that states:
- Ethical values and legal principles are usually closely related,
but ethical obligations typically exceed legal duties. In some
cases, the law mandates unethical conduct. The fact that a physician
has complied with the law does not necessarily mean that the
physician acted ethically.
- When law is in conflict with medical ethics, physicians should
work to change the law. In circumstances of such conflict, ethical
responsibilities supersede legal obligations.
November 2003 - International Recruitment
of Physicians and Other Health Professionals
Meeting in Helsinki, Finland from 10-14 September 2003, the WMA
General Assembly adopted a new policy statement on Ethical
Guidelines for the International Recruitment of Physicians.
With this statement the WMA joins with other international organizations
that have expressed concern about the detrimental effects on health
care in exporting countries caused by the loss of their health
professionals to other countries. For example:
WONCA (World Organization of Family Doctors): THE MELBOURNE
MANIFESTO: A Code of Practice for the International Recruitment
of Health Care Professional, May 2002
http://www.globalfamilydoctor.com/aboutWonca/working_groups/rural_training/melbourne_manifesto.htm
Commonwealth Health Ministers: Commonwealth Code of Practice
for the International Recruitment of Health Workers, May 2003
http://www.thecommonwealth.org/docs/health/CommonwealthCodeofPractice.pdf
As its title indicates, the WMA statement focuses on the ethical
principles that should govern the recruitment of physicians
from one country to another: justice, co-operation
and autonomy. Although the application of these principles
depends on particular circumstances, which can differ from one
location to another, there are some rules that apply in all situations,
for example:
- Justice requires that each country do its utmost to
produce and retain an adequate number of physicians to meet
the needs of its citizens and that physicians be treated fairly
by their own national health authorities, by international recruiters
and by host countries;
- Co-operation requires that countries that recruit physicians
from other countries first reach an agreement regarding the
terms and conditions of such recruitment; the WMA statement
recommends that this agreement be formalized in a Memorandum
of Understanding;
- Autonomy requires that physicians not be prevented
from leaving their home or adopted country to pursue career
opportunities in another country and that they receive full
and accurate information on all aspects of their potential employment
in the other country.
The WMA encourages all parties involved in the international
recruitment of physicians and other health professionals to recognize
and implement these principles. We invite readers to inform us
of actions on the part of governments and recruiters that reflect
adherence to these principles so that we can publicize best practices
in this area. We would also appreciate receiving reports of flagrant
violations of the principles so that we can suggest appropriate
remedial action.
Contact: williams@wma.net
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