Dr Michaela Okninski1
1University Of Adelaide
The recent, rapid legalisation of voluntary assisted dying (‘VAD’) throughout Australia has undoubtedly caused disquiet among medical practitioners who observe tenets of Abrahamic religious belief systems. In the space of five short years, all Australian States passed VAD legislation. Although VAD will soon be lawful throughout Australia, the change in the legal status of VAD at the state-based level does not alter the status of VAD from the perspective of traditional Abrahamic religions, who view it as contrary to God’s law.
Religious-based objection to VAD is not only predicated on the nature of the physical act itself, but also the underlying intention of the practice, which is to to cause death – a grave transgression of God’s law. As voluntary assisted dying legislation is soon to be operational in all Australian states, it is timely to address how the law seeks to protect medical practitioners who oppose voluntary assisted dying on religious grounds.
This paper considers how the law protects medical practitioners who have a religious based objection drawing on the legislative framework operational in Victoria, Australia, and the framework established in the soon to be operational Voluntary Assisted Dying Act 2021 (SA). It will become evident that the law preferences absolute protection of medical practitioners’ conscience and this paper will consider what steps should be implemented if this complete protection of conscience adversely impact persons seeking to engage in the VAD pathway.
Biography:
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