Abstract
As a type of euthanasia, physician-assisted suicide is currently illegal in South Africa. This has caused controversy in South Africa and internationally with disparate views from a medical perspective, those of the public and the courts. Debates have been generated as to whether physician- assisted suicide for terminally ill patients should be legalised so as to fulfil their fundamental human rights. From a constitutional perspective, the ‘right to life’ and the ‘right to dignity’ have been used as arguments supporting the concept of physician-assisted suicide.
As per the South African Constitution1 the state bears the duty to respect, protect, promote and fulfil the human rights that are enshrined in the Bill of Rights. It should therefore ensure the ratification of these rights as South Africa is a state founded on the values of equality, human dignity and freedom. As a result, the state has an obligation to make laws that advance these rights in all aspects. The question that then arises is why has physician-assisted suicide not been legalised for terminally ill patients?
Patient’s rights, with regard to certain treatment even when there is a chance that it may lead to the patient’s death, are protected in South Africa. While other forms of euthanasia such as passive euthanasia are also allowed in our law. With regard to physician-assisted suicide, there is no clear legal framework that would allow doctors to assist patients to die without incurring the risk of legal repercussions. This dissertation reflects on euthanasia in general, discusses physician-assisted suicide in the South African law and examines the constitutional perspective and the developments thus far. It also argues that physician-assisted suicide should be legalised and it considers developments in law from other jurisdictions.