The Legality of Physician-Assisted Euthanasia in South Africa: Quo Vadis?

Povzetek

Euthanasia remains a contentious subject of debate in countries around the world and in South Africa. The South African court system has been faced with requests for the decriminalisation of euthanasia. This paper thoroughly examines on the current legal position of physician-assisted euthanasia (hereafter referred to as “PAE”) in South Africa. South African law permits the withdrawal of life sustaining treatments which may be viewed as passive euthanasia. We examined relevant constitutional rights in order to argue towards a case for the legalization of PAE. These rights include the rights to dignity, to life, to equality, to freedom of religion, belief and opinion, as well as the right to freedom and security of the person. In arguing the foundational bases to legalize PAE we also analyze South Africa’s constitutional law common law, case law, statutory law and foreign law. We also examine the recommendations of the South African Law Commission. The paper also examines how Canada has accepted PAE and implemented legislative measures to safeguard and regulate how medical practitioners practice it.