Assisted Suicide for Prisoners in Switzerland: Proposal for a Legal Model in the Swiss Correctional Context

Urwyler, Thierry; Noll, Thomas

doi:10.18716/ojs/krimoj/2020.2.6

Cited by 2 publications

(19 citation statements)

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“…When considering this issue, several aspects need to be examined in detail. For example, there is considerable debate as to whether all motives (in particular, mental illness, psychological suffering, and "prison weariness") can be the basis of legitimate AD requests (22) or whether AD should be limited to people who are suffering because of terminal illness (23)(24)(25). If the acceptance of all motives prevails, mentally competent PID could invoke their right to die because of psychological suffering brought about by their mental illness or by the prospect of further deprivation of liberty which, prima facie, seems to be at odds with a state's duty to protect.…”

Section: Introductionmentioning

confidence: 99%

“…In addition, the right to die hinges on someone's mental capacity and on difficult concepts such as unbearable or irremediable suffering, which can be difficult to evaluate (29,30). Last, in the case of a criminal conviction, AD could create conflicts with the purposes of punishment (22,23,31,32).…”

Section: Introductionmentioning

confidence: 99%

“…The best solution for these issues is far from clear, which is unsettling given the existing demand and support for AD by PID (23). This demand will most likely increase in the future (1,22) as countries are confronted with aging (prison) populations (33), who will experience the same aging-associated medical conditions as the general population. Furthermore, a relevant proportion of the individuals in preventive detention lacks realistic prospects of release because of the risk of recidivism, which could be an additional catalyst of demand for AD as people become weary of further detention (22,34).…”

Section: Introductionmentioning

confidence: 99%

“…This demand will most likely increase in the future (1,22) as countries are confronted with aging (prison) populations (33), who will experience the same aging-associated medical conditions as the general population. Furthermore, a relevant proportion of the individuals in preventive detention lacks realistic prospects of release because of the risk of recidivism, which could be an additional catalyst of demand for AD as people become weary of further detention (22,34). Wellcalibrated standards for AD in detention settings clearly are of high importance, considering that life is at stake.…”

Section: Introductionmentioning

confidence: 99%

“…Wellcalibrated standards for AD in detention settings clearly are of high importance, considering that life is at stake. However, stable empirical, ethical, and legal standards regarding AD in detention settings have yet to be established (18,22). The following literature review aims to fill some of this gap and outlines the current empirical, legal, and ethical knowledge on this topic.…”

Section: Introductionmentioning

confidence: 99%

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Assisted dying requests from people in detention: Psychiatric, ethical, and legal considerations–A literature review

2022

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The principle of equivalence of care states that prisoners must have access to the same standard of health care as the general population. If, as recent court decisions suggest, assisted dying is not limited to people with a terminal physical illness or irremediable suffering, it might also be requested by people with severe mental illness in detention. Some of the countries with legal regulations on assisted dying also have recommendations on how to handle requests from prisoners. However, detention itself can lead to psychological distress and suicidality, so we must consider whether and how people in such settings can make autonomous decisions. Ethical conflicts arise with regard to an individual's free will, right to life, and physical and personal integrity and to the right of a state to inflict punishment. Furthermore, people in prison often receive insufficient mental health care. In this review, we compare different practices for dealing with requests for assisted dying from people in prison and forensic psychiatric facilities and discuss the current ethical and psychiatric issues concerning assisted dying in such settings.

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 3 more Smart Citations

Assisted dying requests from people in detention: Psychiatric, ethical, and legal considerations–A literature review

2022

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A case for the provision of assisted dying in prisons founded on the right to self-determination: Creating equivalence between prisoners and non-prisoners?

Fenwick

Tomczak

Cochrane

2022

Medical Law International

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This article makes the case for the provision of access to assisted death in prisons, founded on the right to self-determination under Article 8(1) ECHR, in order to create equivalence between prisoners and non-prisoners. It considers possible State justifications for interferences with the right under Article 8(2) and whether they would meet the Convention standards of legality and proportionality. In relation to proportionality, it is argued that the foundational basis for restrictions on assisted dying imposed on both the general and prison populations derives from the concept of human dignity, a concept which is also fundamental to prisoners’ rights. Under the banner of proportionality, from an initial presumption of equivalence of access to assisted dying, the article identifies certain conditions inherent in the prison situation that inevitably oppose human dignity and which provide a plausible basis for divergence. Ultimately, it is concluded that an absolute bar on provision of access to assisted dying in prisons cannot be justified, but that the factors that undermine dignity in prison could justify a degree of divergence from creation of equivalence between the prison and the non-prison populations in terms of such access.

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Assisted Suicide for Prisoners in Switzerland: Proposal for a Legal Model in the Swiss Correctional Context

Cited by 2 publications

References 0 publications

Assisted dying requests from people in detention: Psychiatric, ethical, and legal considerations–A literature review

Assisted dying requests from people in detention: Psychiatric, ethical, and legal considerations–A literature review

A case for the provision of assisted dying in prisons founded on the right to self-determination: Creating equivalence between prisoners and non-prisoners?

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