Ms Madeleine Archer1
1Australian Centre for Health Law Research, QUT
Abstract: A significant body of research examines the Belgian assisted dying legal framework, which has been operational for almost 20 years. Despite this, research has tended to take a siloed approach to understanding regulatory sources, for example examining law, policy, and professional standards separately. The complete suite of regulatory sources which aim to influence the practice of assisted dying in Belgium has not been identified, and the intersecting regulatory roles of various instruments have not been described.
A systematic scoping review of the literature was conducted to map this legal regime, following Arksey and O’Malley’s methodological framework for conducting scoping studies. Systematic searches for book chapters and journal articles were carried out in three interdisciplinary electronic databases in English, French, and Dutch. Reference list searching was also undertaken. Records which met the inclusion criteria were analysed thematically. Expert consultation was undertaken to validate and contextualise findings.
Findings demonstrate a complex web of regulation, comprising a diverse array of non-State regulatory actors and tools which aim to influence Belgian assisted dying practice. Prominent regulatory sources include the national law on euthanasia, healthcare institutional policies, professional standards, a training and consultation program, and the materials produced by the post-hoc oversight body. Public policy is not well investigated.
The Belgian assisted dying legal framework is not confined to law. Other sources exert normative influence in this context. This study advances understanding of how assisted dying is regulated in Belgium, facilitates cross-cultural comparisons, and establishes a method for mapping health regulation in novel contexts.
Biography:
Madeleine Archer is a PhD student and senior research assistant at the Australian Centre for Health Law Research, QUT. Her research is a comparative study of assisted dying regulation in Belgium and Australia. She is currently involved in developing legal training for health professionals on voluntary assisted dying in Queensland.