Josephine Adejoke Aina

ETHICAL ARGUMENTS FOR AND AGAINST EUTHANASIA AND PHYSICIAN ASSISTED SUICIDE IN NIGERIA

Abstract

Euthanasia and physician assisted suicide are part of the requests from terminally ill patients. The debate for and against euthanasia and physician assisted suicide is a global phenomenon. It is generally believed that involuntary euthanasia is prohibited even among the states where euthanasia is legalized. While countries such as Netherlands, Dutch, Belgium, Luxemburg, and Switzerland have legalized voluntary euthanasia and physician assisted suicide, in Nigeria, euthanasia whether voluntary or involuntary is absolutely prohibited. In addition, there is no direct legislation on euthanasia in Nigeria; however, reference to euthanasia is drawn from her criminal laws which prohibit murder and suicidal acts. This paper examines the meaning of euthanasia and physician assisted suicide, types of euthanasia, ethical arguments for and against euthanasia and physician assisted suicide, the position of Nigeria law on euthanasia and physician assisted suicide with reference to the case of MDPDTC v. Okonkwo. This article adopts doctrinal method of research with the use of primary and secondary materials such as the Constitution, Criminal Code, decided cases, online journals, published articles, textbooks, conferences work and newspaper. This paper concludes that the debate for and against euthanasia and physician assisted suicide is still on and in Nigeria the position of voluntary euthanasia is dicey since the Supreme Court held that a patient has the right to refuse treatment on religious grounds in MDPDTC v. Okonkwo’s case in line with the provision of section 38 of the Constitution of the Federal Republic, 1999 (as amended) which provides for freedom of thought, conscience and religion. It is submitted that patients who want to die can abuse the right to religion and thought to refuse treatment just to hasten their death. This paper recommends that the Nigerian laws should take adequate measure on our stand on euthanasia and physician assisted suicide and if voluntary euthanasia would be allowed, it should be well regulated to avoid abuse.

Volume
Year