An Alternative to Medical Assistance in Dying? The Legal Status of Voluntary Stopping Eating and Drinking (VSED)

Medical assistance in dying (MAiD) has received considerable attention from many in the field of bioethics. Philosophers, theologians, lawyers, and clinicians of all sorts have engaged with many challenging aspects of this issue. Public debate, public policy, and the law have been enhanced by the v...

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Main Author: Jocelyn Downie
Format: Article
Language:English
Published: Programmes de bioéthique, École de santé publique de l'Université de Montréal 2018-05-01
Series:Canadian Journal of Bioethics
Subjects:
Online Access:https://cjb-rcb.ca/index.php/cjb-rcb/article/view/43
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author Jocelyn Downie
author_facet Jocelyn Downie
author_sort Jocelyn Downie
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description Medical assistance in dying (MAiD) has received considerable attention from many in the field of bioethics. Philosophers, theologians, lawyers, and clinicians of all sorts have engaged with many challenging aspects of this issue. Public debate, public policy, and the law have been enhanced by the varied disciplinary analyses. With the legalization of MAiD in Canada, some attention is now being turned to issues that have historically been overshadowed by the debate about whether to permit MAiD. One such issue is voluntary stopping eating and drinking (VSED) as an alternative to MAiD. In this paper, I will apply a legal lens to the issue. An understanding of whether VSED is legal provides a foundation for ethical reflection on whether it ought to be permitted. Is it permitted for those who prefer VSED to MAiD? Is it permitted for those who do not qualify for MAiD under our current legislation – for those who do not have a grievous and irremediable medical condition, for mature minors, for individuals whose sole underlying medical condition is a mental disorder and who do not otherwise meet the eligibility criteria, and for individuals who have lost capacity but had completed an advance directive?
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spelling doaj.art-28f150f5d9a9400c960a0effe40d13412024-03-14T17:27:28ZengProgrammes de bioéthique, École de santé publique de l'Université de MontréalCanadian Journal of Bioethics2561-46652018-05-011210.7202/1058267arAn Alternative to Medical Assistance in Dying? The Legal Status of Voluntary Stopping Eating and Drinking (VSED)Jocelyn Downie0Faculties of Law and Medicine, Dalhousie University, Halifax, Canada Medical assistance in dying (MAiD) has received considerable attention from many in the field of bioethics. Philosophers, theologians, lawyers, and clinicians of all sorts have engaged with many challenging aspects of this issue. Public debate, public policy, and the law have been enhanced by the varied disciplinary analyses. With the legalization of MAiD in Canada, some attention is now being turned to issues that have historically been overshadowed by the debate about whether to permit MAiD. One such issue is voluntary stopping eating and drinking (VSED) as an alternative to MAiD. In this paper, I will apply a legal lens to the issue. An understanding of whether VSED is legal provides a foundation for ethical reflection on whether it ought to be permitted. Is it permitted for those who prefer VSED to MAiD? Is it permitted for those who do not qualify for MAiD under our current legislation – for those who do not have a grievous and irremediable medical condition, for mature minors, for individuals whose sole underlying medical condition is a mental disorder and who do not otherwise meet the eligibility criteria, and for individuals who have lost capacity but had completed an advance directive? https://cjb-rcb.ca/index.php/cjb-rcb/article/view/43medical assistance in dyingvoluntary stopping eating and drinkingoral nutrition and hydration
spellingShingle Jocelyn Downie
An Alternative to Medical Assistance in Dying? The Legal Status of Voluntary Stopping Eating and Drinking (VSED)
Canadian Journal of Bioethics
medical assistance in dying
voluntary stopping eating and drinking
oral nutrition and hydration
title An Alternative to Medical Assistance in Dying? The Legal Status of Voluntary Stopping Eating and Drinking (VSED)
title_full An Alternative to Medical Assistance in Dying? The Legal Status of Voluntary Stopping Eating and Drinking (VSED)
title_fullStr An Alternative to Medical Assistance in Dying? The Legal Status of Voluntary Stopping Eating and Drinking (VSED)
title_full_unstemmed An Alternative to Medical Assistance in Dying? The Legal Status of Voluntary Stopping Eating and Drinking (VSED)
title_short An Alternative to Medical Assistance in Dying? The Legal Status of Voluntary Stopping Eating and Drinking (VSED)
title_sort alternative to medical assistance in dying the legal status of voluntary stopping eating and drinking vsed
topic medical assistance in dying
voluntary stopping eating and drinking
oral nutrition and hydration
url https://cjb-rcb.ca/index.php/cjb-rcb/article/view/43
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