Article

The death of the right-to-die campaigners (Respond to this article at http://www.therai.org.uk/at/debate)

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Abstract

The ‘right-to-die’ or assisted suicide debate in the UK has recently been dominated by high-profile litigation which has brought to public attention stories of individual suffering. The most recent case is that of Tony Nicklinson who, as a result of his permanent and total paralysis which he said made his life ‘intolerable’, wanted the courts to allow a doctor to end his life. Only six days after a Judicial Review refused his request, Tony died of ‘natural’ causes. This article compares the presentation by the media of Tony's requested death with his actual death and discusses what this reveals more generally about the way in which the right-to-die debate is presented to the public. It argues that in a politicised debate in which the personal stories of the disabled-dying are given airtime because of their didactic or symbolic potential, actual death becomes less important than the rights-rhetoric surrounding death.

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... It was necessary to communicate his pain, to make it visible, in order to legitimise a form of suffering that could bring about an effective caring response. This process of recognition invests suffering with political, social and moral meaning, and it can often take place in diverse sites, such as medicine and law (Harper et al. 2015, 21-2) or the media (Richards 2014(Richards , 2017. When Dr Wilson first told me about Paul Lamb, she was rather upset about the outcome of a court case brought by him against the UK government. ...
... His initial involvement with the court case, however, was incidental. It was Tony Nicklinson, a British citizen with locked-in syndrome, who initiated the case at the High Court to challenge the law on assisted suicide and murder, which did not recognise the possibility of euthanasia (Richards 2014;Ward 2015). After Nicklinson's case failed, he refused nutrition and died six days after the High Court ruling. ...
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By portraying the circumstances of people living with chronic conditions in radically different contexts, from Alzheimer’s patients in the UK to homeless people with psychiatric disorders in India, Managing Chronicity in Unequal States offers glimpses of what dealing with medically complex conditions in stratified societies means. While in some places the state regulates and intrudes on the most intimate aspects of chronic living, in others it is utterly and criminally absent. Either way, it is a present/absent actor that deeply conditions people’s opportunities and strategies of care. This book explores how individuals, groups and communities navigate uncertain and unequal healthcare systems, in which inherent moral judgements on human worth have long-lasting effects on people’s wellbeing. This is key reading for anyone wishing to deconstruct the issues at stake when analysing how care and chronicity are entangled with multiple institutional, economic, and other circumstantial factors. How people access the available informal and formal resources as well as how they react to official diagnoses and decisions are important facets of the management of chronicity. In the arena of care, people with chronic conditions find themselves negotiating restrictions and handling issues of power and (inter)dependency in relationships of inequality and proximity. This is particularly relevant in current times, when care has given in to the lure of the market, and the possibility of living a long and fulfilling life has been drastically reduced, transformed into a ‘reward’ for the few who have been deemed worthy of it.
... Casos icónicos como el de Karen Quinlan, cuyos padres reclamaron a la justicia el retiro de soporte vital que los médicos tratantes se negaban a realizar a mediados de los años 70 en los Estados Unidos, pusieron las decisiones acerca de cuándo prolongar o no la vida de una persona por medios tecnológicos por primera vez bajo el escrutinio público (Rothman 1991). Desde entonces otros casos resonantes continuaron enarbolando los derechos de los pacientes terminales a rechazar tratamiento o a recibir asistencia para finalizar su vida, en los que los medios de comunicación han tenido un gran protagonismo (McInerney 2000;Menezes, 2011;Richards 2014Richards , 2015. En Argentina las controversias en torno a la gestión médica del final de la vida adquirieron gran visibilidad en años recientes, a partir de una serie de casos controversiales que pusieron en la agenda de discusión la forma en que la muerte y el morir eran atendidos en ámbitos médicos, abriendo un debate que culminó con el tratamiento parlamentario y la sanción de la llamada ley de "muerte digna" en el Congreso Nacional en mayo de 2012 (Alonso et al., 2017). ...
... Este es un aspecto común en los debates sobre los derechos de los pacientes sobre las decisiones en el final de la vida en diferentes países, a menudo marcado por figuras de alto perfil que buscan provocar intencionalmente discusiones para generar cambios en las políticas (McInerney, 2006). En el Reino Unido, por ejemplo, buena parte del debate público sobre el final de la vida se centra en casos controversiales, y a las decisiones de una litigación estratégica por parte de pacientes y/o familiares que buscan así avances en la regulación de la eutanasia y el suicidio asistido, y que utilizan a los medios para instrumentalizar sus reclamos y apelar a la simpatía del público por estas causas (Richards, 2012(Richards, , 2014. El foco en experiencias individuales puede ser visto como reflejo tanto de una tendencia a la construcción sensacionalista de los casos mediáticos, por el carácter noticiable de estos dramas personales y familiares, como también a una cobertura más emancipadora de las decisiones sobre decisiones en el final de la vida, al darle voz a los sujetos directamente afectados por la problemática (Van Brussel et al., 2014). ...
Article
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El objetivo de este artículo es analizar la cobertura periodística de los debates sobre “muerte digna” en la prensa escrita Argentina en el período 2011-2015, en ocasión de la discusión y aprobación de la llamada ley de “muerte digna” en el país. Se realizó un relevamiento de noticias en La Nación, Clarín y Página/12 y se conformó un corpus de 373 artículos periodísticos que fueron analizados a partir de un análisis cuantitativo y de análisis temático. En este artículo mostramos cómo la circulación de ideas en torno a la muerte digna se construye a partir de la preeminencia de tópicos legales y familiares, y el poco espacio de abordajes médicos y/o científicos; la centralidad de los estados vegetativos y de los daños neurológicos como condición de salud asociada a estas discusiones, motivada en parte por los casos que pusieron la temática en el ámbito público; el foco de la cobertura en casos emblemáticos y dramas particulares; y, por último, la casi nula referencia a temáticas como la eutanasia o el suicidio asistido en los debates, dominados por la limitación del esfuerzo terapéutico.
... The legal ruling in the US in 1976 that allowed Karen Quinlan's parents to disconnect her from the respirator that maintained her in a vegetative state first brought the issue to international attention. Other cases such as those of Nancy Cruzan and Terri Schiavo in the US, Vincent Humbert and Chantal Sébire in France and Dianne Terry and Tony Nicklinson in the UK continued to stir up the debate about the rights of terminally ill patients (Rothman 1991;Dworkin 1993;Richards 2014Richards , 2015. ...
Chapter
In this chapter we describe and analyse the public debates on death with dignity in Argentina, from the first attempts to regulate the rights of terminally ill patients to the political process that resulted in the ‘death with dignity’ Act. Based on documentary sources and sociology of public problems approach we discuss the process of legal change regarding treatment refusal at the end of life. After a short sketch of the history of the debates on death with dignity, we discuss the social and political factors that led to a legal change regarding death with dignity. We posit that the political context and how the debate on end-of-life care was introduced into the public domain explain the legal changes and ethical concerns related to a death with dignity in Argentina.
... After Nicklinson's death in 2012, Brittany Maynard, a 29-year-old diagnosed with a terminal brain tumour, found internet fame when her campaign to have a physician-assisted suicide in California went viral. 12 The global interest in Maynard's story shows the international nature of this social movement and the way in which personal suffering becomes imbued, via the media, with political meaning (Richards, 2014). All forms of media, both old and new, now provide the main battleground for the right-to-die debate whose terms -assisted dying, suicide, euthanasia -and what they signify are being perpetually altered and contested. ...
Chapter
At the time of writing the average UK funeral costs around £3,500 (Sunlife, 2014). While much is known about the ritual components of a funeral and their purpose (Holloway, 2007), the role of the funeral director in the event (Howarth, 1996) and the benefits associated with funeral participation (O’Rourke et al., 2011), very little is known about how individuals and families determine and plan for the financial costs associated with a funeral, and how they afford them. Moreover, compared with well-established areas of social policy, academic insight into state support for funerals is virtually non-existent. While funeral costs can be a potential source for tension within a family (see Corden et al., 2008), the most comprehensive studies of funeral costs and state provision to date have shown that there are considerable issues with the way in which the state administers its funds in this area (see Drakeford, 1998; Foster and Woodthorpe, 2013; Woodthorpe et al, 2013).
... After Nicklinson's death in 2012, Brittany Maynard, a 29-year-old diagnosed with a terminal brain tumour, found internet fame when her campaign to have a physician-assisted suicide in California went viral. 12 The global interest in Maynard's story shows the international nature of this social movement and the way in which personal suffering becomes imbued, via the media, with political meaning ( Richards, 2014). All forms of media, both old and new, now provide the main battleground for the right-to-die debate whose terms-assisted dying, suicide, euthanasia-and what they signify are being perpetually altered and contested. ...
Chapter
The study of death has the capacity to bring together a considerable range of policy areas. How we handle dying, death and bereavement, as individuals, groups, organisations and even society, reflects values about our worth and contribution. It mirrors how we see ourselves and our own fragility (Kellehear, 2007). What is more, death shines a light on how we live our lives. Individuals’ experiences of death and the situation of those ‘left behind’ are the product of decisions made across a life course, not merely as one approaches death. While in some respects, given that death is a universal human experience, it may be seen as a great leveller. However, in other respects it is linked to individual characteristics and experiences. For instance, the age of death is linked to wider social policies which affect health, employment, income, participation and individuals’ overall quality of life. It is linked to social class (Howarth, 2007; Marmot, 2010), gender (Austad, 2006) and ethnicity (Holloway, 2007), all of which shape and contextualise people’s lives. History also plays a role in shaping communities and policies, which in turn impact on the resources and quality of services available to dying individuals and those close to them (Monroe et al., 2011). This is related to the prevailing political ideology and party in power, which has implications for rights and responsibilities, the extent to which support is provided by the state or the market, or indeed whether it is provided at all (Dwyer, 2010). Policy affects not only the way people near the end of life are supported but also the financial circumstances of those left behind (Grenier, 2012). As such, social policy has considerable implications for how death is experienced and our understanding of death in the modern world.
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This entry discusses the anthropological study of death. It traces the history of this study from early engagements with funeral symbolism, through mourning and melancholia, to contemporary concerns with thanatology, biomedicine, organ harvesting, and euthanasia. The entry thus suggests that death continues to provide substance for the cutting edge of anthropology.
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Law and medicine can be caught in a tight embrace. They both play a central role in the politics of harm, making decisions regarding what counts as injury and what might be the most suitable forms of redress or remedy. But where do law and medicine converge and diverge in their responses to and understandings of harm and suffering? Using empirical case studies from Europe, the Americas and Africa, The Clinic and the Court brings together leading medical and legal anthropologists to explore this question.
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This paper addresses the judicialization of end of life medical decision-making, as part of the advance of the justice system in the regulation of medical practice and the rise of recognition of patient autonomy. The article analyzes, from a sociological standpoint, legal decisions regarding treatment refusal at the end of life produced by the Argentine courts between 1975 and 2015. Based on a qualitative design, 38 sentences collected from jurisprudential databases using key terms were analyzed. First, judicialized cases during the period are described; these are characterized by a high proportion of claims presented by health institutions, a pro-treatment bias in the legal actions requested, and a high percentage of unnecessary litigation in the absence of conflicts or in situations that do not require court intervention. Second, legal and extralegal factors affecting the justiciability of decisions to refuse or withdraw medical treatments, such as changes in the law and processes of politicization of claims, are analyzed.
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A review of the scientific literature on locked-in syndrome (LIS) is offered. The clinical features, diagnosis and prognosis of LIS are reviewed, and methods regarding the differential diagnosis of LIS with severe disorders of consciousness are considered. Effective treatment, physiotherapy, and methods of communication are reviewed. Although progress in the field of communication for patients with LIS is promising, it is concluded that there are new possibilities to be pursued and that a more positive outlook in the area of professional care of the patients, as well as more extensive imaginative research will facilitate new and positive strategies for this syndrome.
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To determine the long-term outcome of patients with stable locked-in syndrome. The community. Retrospective phone survey. This study was further follow-up on a previously reported cohort. Twenty-nine persons with locked-in syndrome were included in an initial cohort 11 years prior to the current study. Records or contact with family showed that 16 were deceased. Telephone interviews were made with 1 living patient and the caregivers of 11 others. Public records documented survival of 1 nonrespondent. Survival, codified responses regarding functional activities, social activities, and satisfaction with life. Five-, 10-, and 20-year survival were 83%, 83%, and 40%, respectively. Ten subjects had not been hospitalized in the previous year. Eight lived with family. Little change in impairment occurred, but care was simplified. Improvements in communication related to technology, including computer and Internet access. Eleven left home at least monthly. Caregivers reported seven expressed satisfaction with life; five were occasionally depressed. No deaths could be attributed to euthanasia and no survivor had a "no code" status. One patient wished to die, seven had never considered euthanasia, six had considered and rejected it. Persons with initially stable locked-in syndrome can have prolonged survival, can live in the community if there is enough support, and have some measure of quality of life.
Article
This paper focuses on a critical development in the life of the requested death movement [McInerney, F. (2000). "Requested Death": A new social movement. Social Science & Medicine, 50(1), 137-54.], that being the passage of the Northern Territory of Australia's Rights of the Terminally Ill (ROTI) Act 1995. This legislation, for the first time anywhere in the world, allowed for lawful euthanasia and physician-assisted suicide, thereby fulfilling key requirements of the movement. Taking a constructionist perspective, I analyzed discursive representations of dying, death and medicine in selected Australian print media during this time period (1995-1997). The media's predilection for reporting dramatic and unusual death coincided with the movement's construction of contemporary dying as horrific, intractable, and intolerable. Across all analyzed publications and genres, an heroic discourse was found to be a dominant influence, couched within a dramatic framing that served to reinforce many of the claims of the requested death movement. The framing of requested death activists as heroes, and of requested death itself as a redeeming and transforming act for those seeking it, were preeminent in press portrayals. The dominance of this heroic discourse suggests that such media and movement frames worked in tandem to both resonate with and reinforce popular Australian notions of terminal illness and dying in the late 20th century.
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Reginald Crew, the first Briton known to have travelled to Switzerland for an assisted suicide, with his wife Wynn in 2003. Fig. 9. Dianne Pretty with her husband, Brian, at the European Court of Human Rights, Strasbourg, 2002. MARK THOMAS/REX REX JULIAN HAMILTON/REX ADRIAN SHERRATT/REX SIPA/REX SIPA/REX Kaufman, S. & L. Morgan 2005. The anthropology of the beginning and ends of life. Annual Review of Anthropology 34: 317-41.
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