"We operate under a false premise when we equate the suffering arising from disease, illness or disability with a loss of dignity."
The Supreme Court of Canada rules in favour of physician assisted suicide
It is eloquent, persuasive and
based in law; it almost had me convinced that physician assisted dying is the
correct response to suffering.
In the Carter decision, the
Supreme Court of Canada ruled that a competent adult who consents to death, and
has a “grievous and irremediable medical condition (including illness, disease
or disability) that causes enduring suffering that is intolerable to the
individual in the circumstances of his or her condition” has a right to
physician assisted dying. The
ruling does not restrict physician assisted dying to those who are terminally
ill.
The Court found that a total ban against
physician assisted dying is broader than necessary to achieve its objective of protecting
“vulnerable persons from being
induced to commit suicide at a time of weakness”. In the view of the Court, the consequences of the prohibition
impinge on the individual’s right to life, liberty and security of the person.
In the words of the Court, “the
prohibition deprives some individuals of life, as it has the effect of forcing some individuals to take their own lives
prematurely, for fear they would be incapable of doing so when they reached the
point where suffering was intolerable. The rights to liberty and security of
the person, which deal with concerns about autonomy and quality of life, are
also engaged. An individual’s response to a grievous and irremediable medical
condition is a matter critical to their dignity and autonomy. The prohibition
denies people in this situation the right to make decisions concerning their
bodily integrity and medical care and thus trenches on their liberty. And by
leaving them to endure intolerable suffering, it impinges on their security of
the person.”
As I read through the lengthy
decision, it was difficult not to let the logic of the Court inform my belief
on the matter. It is hard to
argue against the individual’s right to autonomy and dignity when I like to
make my own decisions, and have no wish to endure suffering, nor watch someone
else endure it.
Still, I have issues with
physician assisted dying.
A different view of suffering
My attitude towards suffering differs
from the negative approach towards suffering implied in the term “dying with
dignity”, and endorsed in the Carter decision. In my view, the human person is
created in the image and likeness of God. This divine stamp on the individual
sanctifies every human life, and gives each of us an innate and inviolable dignity.
We operate under a false premise
when we equate the suffering arising from disease, illness or disability with a
loss of dignity. I have known people to endure each of these with great
dignity, allowing their suffering to transform them, and in the process, their
relationships and those who cared for them. Rather than losing their dignity,
they grew in graciousness.
Archbishop Antonio Mancini of
Halifax-Yarmouth, in a homily I happened to hear while visiting Halifax a few
days after the Supreme Court decision, addressed our struggle to make sense of
suffering. “When there is no
meaning to suffering, it is only pain, and of course people are afraid… But
where there is meaning, where there is love and proper care, where there is
community support, suffering can become sacrifice. Sacrifice is not just
another word for ‘put up with’. It literally means…to make something “sacred”.
To take suffering and to transform it with meaning is to make the reality of
suffering a manifestation of the holy and the sacred.”
While this view of the
relationship between suffering and dignity differs from that of the majority of
Canadians and of the Supreme Court, there is the same desire to act compassionately
towards those who suffer. From this standpoint, the compassionate response begins
with a willingness to share, not to avoid, the suffering of another, and encompasses
support and care.
For those who do not applaud this
decision as one giant step forward for Canadians, and who seek an alternate
response, the Canadian Conference of Catholic Bishops has issued a statement
that may be helpful. The bishops recommend that legislators interpret the
decision as narrowly as possible so as not to open the door to euthanasia. They
urge governments and professional associations to implement policies that will protect
the freedom of conscience of health-care workers who oppose physician assisted
dying. And, they renew their call for universal access to quality hospice-palliative
care.
Undergirding these action points
is an unshakeable belief in the sanctity of human life as a reality that
defines the human person, and in the power of love to ease the transition from
life to death in even the most difficult of situations.
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