TOWARDS THE RIGHT TO BE KILLED - TREATMENT REFUSAL, ASSISTED SUICIDE AND EUTHANASIA IN THE UNITED-STATES AND CANADA

This chapter describes some dominant trends of American and Canadian l aw in relation to treatment refusal, physician-assisted suicide and eu thanasia. Although common law in both countries recognizes the right o f patients to refuse treatment, problems have arisen, especially in th e US, over treatment refusal on behalf of incompetent patients. One re sponse has been to enact advance-directive legislation, promoting the use of living wills and proxy appointments. Courts have also specified criteria for withholding and withdrawing treatment from incompetent p atients. The notion of a 'right to die' developed in court cases on tr eatment refusal, is now being invoked to support the legalization of a ssisted suicide. Courts are generally reluctant to recognize an extent ion of this right Debates and court cases following the recent initiat ive to legalize assisted suicide in Oregon and the Sue Rodriguez case in Canada's Supreme Court which resulted in a special report of a Cana dian Senate Committee, are of major importance for the development of law in this area.