Voluntary Assisted Dying oversight systems internationally: individual case reviews
Betheli O’Carroll1, Queensland University of Technology Brisbane 1Queensland University of Technology, Brisbane, Queensland, Australia
Abstract
As more jurisdictions introduce voluntary assisted dying (“VAD”) laws, questions are raised as to what oversight mechanisms should be in place. There have been a variety of approaches taken internationally to oversight of individual VAD cases—including both prospective review and retrospective review. Prospective review can be clinical prospective review, such as where another medical practitioner is required to assess whether a person is eligible for VAD, or state prospective review, whereby a permit or approval is required before VAD is lawful. Some jurisdictions have introduced clinical retrospective review, and most have a system of state retrospective review, whereby a patient’s death via VAD is examined by a committee or other entity after they have died, although there is a wide range of approaches. In addition, there have been recent approaches that break down the traditional dichotomy of prospective review or retrospective review, such as in New Zealand where the state is inserted into the VAD eligibility assessment process through its regulation of who is chosen as the second assessing doctor. This presentation will include a detailed examination of individual case reviews in a number of international VAD systems, including the various case review processes for VAD in the Netherlands, Belgium, Canada, New Zealand, and the states of Australia. The presentation will include a comparative analysis of the different oversight mechanisms in these jurisdictions and consider the implications of these different approaches using a regulatory lens, before concluding with observations about designing optimal individual case review for different systems.
Please note that non-presenting authors include Professor Ben White and Professor Lindy Willmott
Biography
Dr Betheli O’Carroll is currently undertaking research into End-of-Life Law and Regulation and Voluntary Assisted Dying for the Australian Centre for Health Law Research at the Faculty of Business & Law, Queensland University of Technology. She holds a Doctor of Philosophy from the University of Queensland, a Bachelor of Laws (Class I Honours) and a Bachelor of Arts, with majors in Journalism and Public Relations.