Document 0187
 DOCN  M9590187
 TI    Judicial developments in The Netherlands regarding medical practices
       which shorten life.
 DT    9509
 AU    Remmelink MJ; Groningen University, Netherlands.
 SO    Annu Conf Australas Soc HIV Med. 1994 Nov 3-6;6:90 (unnumbered
       abstract). Unique Identifier : AIDSLINE ASHM6/95291912
 AB    As in all civil states (see also the international treaties on human
       rights), the protection of life is ranked highly in Dutch legislation.
       Thus, murder can be punishable by a life sentence in prison. If a person
       acts on the request of another or facilitates a suicide, he is still
       punishable; however, a lower penalty applies (max. 12 years, resp. 3
       years). During the period 1970-1980, the conviction grew both in society
       and in the medical world that, if a physician had a terminally ill
       patient who was suffering heavily, the practitioner should not be
       punished if he/she acted after careful investigation and consideration.
       In 1984 the Supreme Court qualified the shortening of life in such a
       situation as a form of force majeure: in such a conflict of professional
       duties--terminating unbearable suffering and prolonging a life without
       quality--the doctor could choose the lesser evil. After this judgement,
       the government and the parliament considered making an exception to the
       law, permitting euthanasia by physicians in such cases. However, this
       was decided against due to the extensive recommendation of a commission
       under the chairmanship of the author which reported that doctors in fact
       seldom practise euthanasia (1.8% of all deaths). The author concedes
       that the situation is not yet satisfactory, as there are problems with
       severely defective newborn babies, long-term comatose and psychiatric
       patients. Nevertheless, he believes the process whereby behaviour that
       formerly had to be concealed can now be brought into the open and
       subjected to social and judicial control is a sign of progress. These
       processes are discussed.
 DE    Euthanasia/*LEGISLATION & JURISPRUD  Human  Netherlands  Physician's
       Role  Quality of Life  Suicide, Assisted/LEGISLATION & JURISPRUD
       Terminal Care/LEGISLATION & JURISPRUD  MEETING ABSTRACT

       SOURCE: National Library of Medicine.  NOTICE: This material may be
       protected by Copyright Law (Title 17, U.S.Code).