Aid-in-Dying Legal Reform: An Analysis of Three Countries

• In Event: Social Movements and the Criminal Justice System

Abstract

This presentation examines three instances of legal reform of aid-in-dying laws, one in the American state of California (successful, legislative route, 2015) Canada (successful, judicial route 2015) and the United Kingdom (unsuccessful, legislative route, 2015).
In the case of California, the reform proceeded along the legislative route, was signed by the Governor in 2015, and is operational in June 2016. This method of reform is an anomaly for an issue (like marijuana legalization) that generally proceeds through direct voter referenda.
In the Canadian example, the Supreme Court ruled in 2015, but gave the Canadian Parliament one year to provide enabling legalization. This situation that has been complicated by the change in Canadian national government, and the issue of conscience voting.
In the British case, even though the High Court there directed the Parliament there to devise an acceptable process for implementing access to aid-in-dying processes or risk judicial intervention, the issue was defeated in the House of Commons in 2015.
The comparisons proceed through an analysis of sponsors, opponents and institutional respondents (such as churches, medical associations, and disability groups). The presentation is part of an ongoing project of analysis of morality and legal reform issues in various countries.

Author

• John Dombrink, University of California, Irvine