TITLE:
Re-Evaluating the Laws on Assisted Dying from a Moral and Legal Perspective Using the UK and Netherlands as Case Studies
AUTHORS:
Yetunde Sekinat Adebayo
KEYWORDS:
Assisted Dying, Euthanasia Law, Decision-Making Capacity, Ethical and Legal Challenges
JOURNAL NAME:
Beijing Law Review,
Vol.16 No.3,
September
3,
2025
ABSTRACT: Ethics remain an important concern in the promulgation and implementation of laws. As a result, laws which seem to violate ethical standards herald problematic critiques. Assisted dying and euthanasia are end-of-life options that involve intentionally ending a patient’s life through lethal drugs at the patient’s express request. The discourse on assisted dying and euthanasia has raised controversial opinions on the legal and ethical capacity of persons to make informed decisions concerning life and death. Most healthcare regulations and laws pertaining to physician-assisted suicide use the term “decision-making capacity”. Determining competency can be difficult due to clinical reality and well-defined legal frameworks not always aligning. In the UK, assisted dying remains a contentious issue due to ongoing cases and legal challenges. The courts recognise the role of parliament in making end-of-life decision-based laws and maintain that legislative inventiveness must handle any repeal of restrictions. However, some jurists and judges argue against legalising assisted dying, citing concerns about safeguarding life’s sanctity and incorporating adequate safeguards into legislation. This study analyses statutes and case laws on assisted dying and euthanasia, in order to proffer recommendations on its application. It also determines the factors affecting euthanasia laws by examining political, religious and historical influences alongside academic research and public opinion data.