Abstract
In this chapter, the terminology is defined in order to avoid confusion. There is no consensus in the literature on the relevant terminology and some terms are being used interchangeably. In order to have a productive debate, the first step is to establish clear definitions. These definitions also establish the focus of this study.
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Notes
- 1.
Focarelli (2020), para. 1.
- 2.
Lewis (2007), p. 5.
- 3.
Otlowski (1997), p. 5.
- 4.
- 5.
- 6.
Focarelli (2020), para. 9.
- 7.
Griffiths et al. (2008), p. 76.
- 8.
Lewis (2007), p. 5; Radbruch et al. (2016), p. 108; According to Leenen, some life-shortening medical decisions, which can be referred to as a form of euthanasia, such as termination of medically futile treatment, administration of pain medication, or decisions based on the patient’s right to refuse treatment are ‘distorted silhouettes of euthanasia’. Leenen (1984), pp. 335–337.
- 9.
The Lambert Case, which will be analysed under Sect. 4.1.7 ‘The Lambert Case’, will touch upon the ECtHR’s approach to withdrawal of treatment. However, the inclusion of this judgment in this study does not aim to capture or comment on the legal issues surrounding these topics. It only aims to complement the analysis of the member States’ positive obligation under Article 2 of the Convention regarding the process of end-of-life decision-making.
- 10.
Beauchamp and Davidson’s definition requires the person asking to be killed to be in a state of ‘acute suffering or irreversibly comatoseness’ in order for the act to qualify as euthanasia. Beauchamp and Davidson (1979), p. 304; Editors of Encyclopaedia Britannica (2021) Euthanasia. In: Encyclopædia Britannica. https://www.britannica.com/topic/euthanasia.
- 11.
Leenen (1984), p. 334.
- 12.
Radbruch et al. (2016), pp. 108–109.
- 13.
Friesen evaluates the grounds to avoid using the term ‘suicide’ when talking about assisted dying and concludes that there is more harm than good in concentrating on the differences between the two terms. Friesen (2020), pp. 32ff.
- 14.
Death with Dignity National Center, which is a nonprofit organization in the USA that promotes legislation for assisted dying, considers the use of ‘assisted suicide’ within the context of the right to die to be ‘politicized language deployed with the intent of reducing support for the issue’ and recommend using ‘value-neutral language’ such as death with dignity, assisted dying or aid in dying. Death with Dignity, Terminology of Assisted Dying. https://www.deathwithdignity.org/terminology/; Compassion & Choices, which is also a nonprofit organization working for the promotion of end-of-life choices in the USA, prefers the term ‘medical aid in dying’. Compassion & Choices, Understanding Medical Aid in Dying. https://compassionandchoices.org/end-of-life-planning/learn/understanding-medical-aid-dying/; However, Feltz’s study results indicate that there is only a minor decrease in acceptability when the term ‘physician-assisted suicide’ is used instead of ‘assisted dying’. The negative connotation of the word ‘suicide’ might not have the impact one thinks it does. Feltz (2015), pp. 217ff.
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Kayacan, D.N. (2022). Definitions. In: The Right to Die with Dignity. European Union and its Neighbours in a Globalized World, vol 6. Springer, Cham. https://doi.org/10.1007/978-3-031-04516-5_2
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