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- AMSTERDAM (Reuters) - The
Netherlands plans to make history by legalising mercy killings in a controversial
government bill that would also make children as young as 12 eligible for
euthanasia.
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- The bill, delivered to the lower house on Monday, proposes
immunity from criminal prosecution for doctors provided they follow strict
guidelines when performing euthanasia.
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- The law would also apply to incurably ill young children,
so long as the parents agree. In exceptional circumstances, a doctor could
perform euthenasia even without parental consent.
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- "In the case of 12 to 15 year olds the consent of
the parents or guardian is required, but in the event of refusal... a minor's
request may nevertheless be met if the doctor is convinced this would prevent
serious detriment to the patient,'' the Justice and Health ministries said.
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- The bill also recognises for the first time the validity
of written requests to die.
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- Both the Voluntary Euthanasia Society (NVVE) and the
Royal Dutch Medical Association (KNMG) welcomed the development, which
removes already liberal Dutch policy from a legal grey area.
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- "After more than 25 years of discussion there will
be legislation for death at one's own request. This is a significant step
in the right direction,'' the NVVE said.
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- Political opposition was expected from the main opposition
Christian Democrats and small Calvinist parties. But provided the three
government parties unite behind the bill, its passage through parliament
should be smooth.
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- The Dutch have tolerated mercy killings for years, but
right-to-die campaigners and doctors have long pressed for immunity from
criminal prosecution for doctors.
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- In 1997, a doctor was charged with murder after allegedly
ignoring euthanasia guidelines when he injected a patient with a fatal
dose of insulin.
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- The KNMG said cases of terminally-ill children requesting
death were few and the vital dialogue and relationship between doctor,
patient and family would remain.
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- "The doctor will do his utmost to try to reach an
agreement between patient and parents,'' said Karin Hagelstein, KNMG spokeswoman.
"If there is no unanimous agreement, then it is the doctor's duty
to fulfill the wishes of the patient.''
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- "Doctors find that children who have gone through
such a long and tragic illness are capable of making their own decisions.
A child which has entered the last terminal phase can be very clear about
what he or she wants. They've seen a lot, they're tired. If parents don't
want to cooperate it is the doctor's duty to respect the wishes of their
patient,'' she said.
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- In all cases, doctors must adhere strictly to guidelines.
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- The patient, who must be facing unbearable suffering,
must make the request on a voluntary, well-considered and sustained basis.
Their must be no reasonable alternative and the doctor must give advice
on the patient's situation and consequences.
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- The doctor must also consult at least one other independent
physician who also agrees with the due care requirements, and the euthanasia
must be performed with due medical care.
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- Regional committees, set up in 1997, will continue to
review whether these criteria have been met.
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- The NVVE, while welcoming the bill as a whole, criticised
some of the criteria as either too vague or too tough and said doctors
therefore remained vulnerable to prosecution.
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- The only previous attempt to legalise euthanasia was
in September 1996 when Australia's Northern Territory approved medically-assisted
euthanasia only to see the law revoked in March 1997.
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