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Auckland, New Zealand – Voters in New Zealand are expected to have voted “yes” in a referendum to legalize euthanasia when preliminary results are announced on Friday, underscoring continued support for the measure among the public and the backing of newly returned Prime Minister Jacinda Ardern. .
Polls have put support for the legislation, one of two referendums presented to voters during the general election earlier this month, above 60 percent. A “yes” vote will mean that New Zealand joins a small group of nations and territories, including the Netherlands and Canada, that have legalized assisted death.
The road to the end of life election bill, which took place at the same time as the elections, began five years ago with lawyer Lecretia Seales.
After being diagnosed with a terminal brain tumor, Seales very much wanted to stay alive, but her husband Matt Vickers says she was frustrated by the lack of personal autonomy of those facing terminal illness and the lack of political will to address the problem.
Seales brought a case to court arguing that euthanasia should not be construed as suicide under the Crimes Act because it is not a matter of life and death, but rather whether a person is suffering on the way to inevitable death.
She also argued that she had the right not to be subjected to cruel or degrading treatment under the Bill of Rights Act.
Seales did not win his case and died in 2015, hours after his family received a negative judgment from the Wellington Superior Court.
“The case brought the issue to the limelight and I don’t think the people of New Zealand were prepared for the case to be the end of the story,” said Vickers, who continued his wife’s campaign after her death.
“Regardless of the result, New Zealanders have had the opportunity to express their opinion, which is fantastic,” he said. “Whether you are for or against, either way, there has been a great deal of discussion. The whole process has been incredibly positive. “
45 safeguards
The legislation, which automatically becomes law if the referendum passes, authorizes a doctor to administer or prescribe a lethal dose of medication to competent adults suffering excruciatingly from a terminal illness that is likely to end their lives within six months.
Among the more than 45 safeguards that must be met, the person must request to end his life voluntarily and directly and cannot be wanting to end his life just because of advanced age or disability. Two doctors would have to agree with the decision.
New Zealanders have not taken the issue lightly.
Heather Gregory’s husband committed suicide when the pain from liver cancer he had suffered for 10 years became too much and palliative care could not reduce his suffering.
Gregory suffered PTSD as a result of her husband’s suicide and says she continues to experience anxiety six years later. She believes that a legal right to euthanasia would have made it less traumatic.
“Death is not quick or pleasant,” he said.
“It wasn’t supposed to be like this. Had he been given the option of a safe option, he could have asked to end his life when he was ready. We could have avoided what has been a traumatic experience for me and my children. “
Michelle Kaufman of Family Life International NZ is against the bill.
A practicing Catholic, she has always been passionate about the problems of life, from conception to death.
But her position on euthanasia was also shaped by the experience of a friend who survived her terminal prognosis by 10 years.
Kaufman says that if euthanasia had been available, her friend would not have had that extra time.
“Doctors are wrong,” he said. “Human life is such a precious gift that you must be there and be cared for until you leave this world naturally. The Latin word for compassion is walking with another in their time of suffering. When you walk, you don’t kill them. “
Terminally ill perspective
Stuart Armstrong was told he wouldn’t be past 58, but this year he celebrated his 60th birthday. He has an aggressive form of prostate cancer that is spreading to his bones. For him, assisted death is a matter of choice.
“If I meet the long list of criteria and I’m still fine, I just won’t. When the going gets tough, I want to die on horseback with my wife by my side and surrounded by friends and family. I want to die on my terms.
“I also want to limit the stress on my friends and family from watching me suffer. There is no dignity in that. I don’t believe in God, but those who do, can suffer for their God if they wish, but that’s not for me.
Researcher Jessica Young, who is doing a PhD in assisted death, said terminally ill people who participated in her study appreciated having a choice.
Participants found comfort in the agency choosing the time and manner of their death and felt that the status quo was decided by those who were not at the end of their lives.
“Much of the research has been done with healthy people and not those at the end of their lives,” Young said. “It’s all very well for healthy adults to talk about it, but until you die, you don’t know what it’s like.”
While those who oppose euthanasia fear that the most vulnerable will be harmed or that healthy people will opt for euthanasia, international research suggests there is no widespread abuse of the practice, Young says.
Based on evidence from the Netherlands and the US state of Oregon, assisted dying does not increase risks for people categorized as vulnerable, including the elderly, women, the uninsured, and people with disabilities .
In New Zealand, where 16.5 percent of the population is Maori, some have rejected euthanasia because it interferes with the sacred transition between life and death, says Selah Hart, CEO of Hāpai te Hauora (Māori Public Health) .
“There is an understanding and a connection with the spirits and gods where we recognize the death of any individual as a natural process that should not be altered.”
Crucial education
Auckland University of Technology Associate Professor of Maori development Ella Henry notes that there are also broader concerns around equitable access to health care for Maori.
“We have seen our people die an average of 10 years earlier than the major groups due to the kinds of diseases and health conditions that are an ongoing consequence of colonial history,” he said.
“Either as a result of the loss of an economic base that we once had, which means we are more likely to live in poverty and be over-represented in some of the worst social indicators. It means that we do not have the same access to health care and we are vulnerable to suffering for longer periods of time. “
Still, despite mistrust in the system, recently released polls by Curia Market Research show that 53 percent of people support euthanasia in the seven Maori electorates. This follows research by Horizon that found that 72 percent of Maori said they would vote for the change.
The final result of the referendum will be confirmed on November 6, and a “yes” vote will give the government until October 2021 to implement the changes.
Hart says education will be crucial to ensure that all New Zealand families, including Maori, fully understand the legislation.
“Officials must support our people so they do not run away, as has traditionally been the case with most policy changes,” Hart said.
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