Americans with Disabilities don't want your pity
or your lethal mercy, We want freedom,
We want LIFE.
The following comments on the "safeguards" contained in proposed bills and
referenda to legalize assisted suicide highlight their universal failure to provide
meaningful protections against abuses.
Information About "Feasible Alternatives." This "safeguard" provides that
the physician must first inform the patient about "feasible alternatives,
including, but not limited to, comfort care, hospice care, palliative treatment,
and pain control." There is no requirement that these services actually be paid
for and made available to the individual in any version of these bills and
referenda. Nor is there any requirement that home health services be provided that
would relieve demands on family members and ease the patient's feelings of
being a "burden." Under the proposed laws, "choice" is an empty slogan.
The Professional Consultations. Two consultations are required under this
"safeguard," one to establish that the condition is "terminal," the other to
establish that the patient's request is "voluntary" and "informed," or that it
is not the product of "impaired judgment" caused by a diagnosed mental illness.
The life experiences of people with disabilities are filled with evidence of
the unreliability of medical and professional opinions about either physical
or psychological issues. Many of us were expected to die, but lived---and
lived to enjoy life with our disabilities. Numerous research studies demonstrate
that physicians consistently and dramatically underestimate our "quality of life"
compared to our own assessments. In several highly publicized "right to die" court
cases involving people with non-terminal disabilities, psychiatrists and
psychologists have incorrectly concluded that the individual's suicidal despair was
permanent and untreatable. None of the proposed standards address the realities of
the most prevalent, but subtle, forms of social coercion.
The "Good Faith" Standard. This "safeguard" provides that no person will
be subject to any form of legal liability if they participate in "good faith."
A claimed "good faith" belief that the requirements of the law are satisfied is
virtually impossible to disprove, rendering all other proposed "safeguards"
effectively unenforceable and legally immunizing all participants.
In practical effect, the proposed laws would secure civil and criminal immunity
for physicians and other participants in assisted suicide or euthanasia: a few
forms in the medical chart, no questions asked. On balance, the risk these bills
pose to the many outweigh any alleged potential benefit to a few.