Human rights and euthanasia resolution au
Human rights and euthanasia
Copyright © Commonwealth of Australia 1997. Copying is permissible provided acknowledgement is made to the Human Rights and Equal Opportunity Commission, Sydney, December 1996.
George Zdenkowski, Associate Professor of Law, and Director of the Human Rights Centre of the
University of New South Wales. An Occasional Paper of the Human Rights and Equal Opportunity
Commission, December 1996
Contents
1.
Background
2.
Some preliminary issues
3.
The Rights of the Terminally Ill Act 1995 (NT)
4.
Proposed federal legislation: Euthanasia Laws Bill 1996
5.
The ICCPR and Australian law
6.
Potential enforcement options under the ICCPR in relation to the ROTTIA
7.
Potential violations of the ICCPR by the ROTTIA
8.
Relevant statutory ambiguity in the ROTTIA?
9.
Potential for adverse view by the Human Rights Committee?
10. Conclusions
Footnotes
Appendix: The Rights of the Terminally Ill Act - explanatory notes
References
Cases referred to
1
2
5
6
7
7
8
17
17
17
18
24
27
29
1. Background
Issues relating to the practice of euthanasia have assumed prominence in Australia as a result of a number of recent developments:
The passage of the Rights of the Terminally Ill Act 1995 (NT) (hereafter referred to as ROTTIA) which came into effect on 1 July 1996.
A challenge to that legislation in the Northern Territory Supreme Court which resulted in a decision
(by a majority of two to one) to uphold the law.1
An application for special leave to appeal against this decision to the High Court of Australia which is likely to be heard early in 1997.
The introduction of legislation in the Northern Territory Legislative Assembly to attempt to repeal the ROTTIA.2
The introduction by Kevin Andrews, MHR of a private member’s Bill (the Euthanasia Laws Bill
1996)3 into the federal parliament to override the ROTTIA.4
The proposal by Independent ACT MLA, Mr Michael Moore, to reintroduce his voluntary euthanasia law in the ACT early in 1997.5
A proposal to hold a referendum in
Copyright © Commonwealth of Australia 1997. Copying is permissible provided acknowledgement is made to the Human Rights and Equal Opportunity Commission, Sydney, December 1996.
George Zdenkowski, Associate Professor of Law, and Director of the Human Rights Centre of the
University of New South Wales. An Occasional Paper of the Human Rights and Equal Opportunity
Commission, December 1996
Contents
1.
Background
2.
Some preliminary issues
3.
The Rights of the Terminally Ill Act 1995 (NT)
4.
Proposed federal legislation: Euthanasia Laws Bill 1996
5.
The ICCPR and Australian law
6.
Potential enforcement options under the ICCPR in relation to the ROTTIA
7.
Potential violations of the ICCPR by the ROTTIA
8.
Relevant statutory ambiguity in the ROTTIA?
9.
Potential for adverse view by the Human Rights Committee?
10. Conclusions
Footnotes
Appendix: The Rights of the Terminally Ill Act - explanatory notes
References
Cases referred to
1
2
5
6
7
7
8
17
17
17
18
24
27
29
1. Background
Issues relating to the practice of euthanasia have assumed prominence in Australia as a result of a number of recent developments:
The passage of the Rights of the Terminally Ill Act 1995 (NT) (hereafter referred to as ROTTIA) which came into effect on 1 July 1996.
A challenge to that legislation in the Northern Territory Supreme Court which resulted in a decision
(by a majority of two to one) to uphold the law.1
An application for special leave to appeal against this decision to the High Court of Australia which is likely to be heard early in 1997.
The introduction of legislation in the Northern Territory Legislative Assembly to attempt to repeal the ROTTIA.2
The introduction by Kevin Andrews, MHR of a private member’s Bill (the Euthanasia Laws Bill
1996)3 into the federal parliament to override the ROTTIA.4
The proposal by Independent ACT MLA, Mr Michael Moore, to reintroduce his voluntary euthanasia law in the ACT early in 1997.5
A proposal to hold a referendum in