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These rights included the rights to dignity, life, equality, freedom of religion, belief and opinion, and the limitation clause. Common law, case law and statutory law were also considered, as well as the recommendations of the South African Law Commission in its report (project 86).
Euthanasia remains a contentious subject of debate in countries around the world and in South Africa.
The South African court system has been faced with requests for the decriminalisation of euthanasia. However, it remains illegal to practice euthanasia in South Africa. This is set by common law as there is no legislation formally regulating euthanasia.
“My decision to engage on the topic of euthanasia came from an intellectual awakening after reading a book called The Price of Mercy by the author Sean Davison, who had been charged and arrested for assisted suicide”, Sesam said.
Through his book he shares his experience with assisting his mom and friends who were either terminally ill or in a debilitating state but could not receive assistance to be euthanised. The author became an international campaigner, advocating for a reform in law to permit euthanasia, she said.
“By the time I had started my LLM, I knew that I wanted to discuss euthanasia, however from a legal and medical perspective, arguing that it should be practised by medical practitioners with a legislation put in place to regulate the practice”, Sesam said. Her supervisor was Dr Marc Welgemoed.
“By choosing this topic I wanted to engage in one of the most profound and challenging ethical questions of our time, which is how we respect dignity and autonomy with societal responsibilities and medical ethics. On an emotional aspect, I wanted to form part of the voices who advocate for those who suffer and cannot be granted the act of mercy of dying with peace and dignity, Sesam said.
South African law permits the withdrawal of life-sustaining treatments which may be viewed as passive euthanasia. This is done with the consent of the patient and the medical practitioners involved are not held criminally liable should the withholding of treatment cause the death of the patient.
Euthanasia provides relief from suffering for patients with terminal illnesses that cause severe suffering and a decrease in their quality of life. Individual autonomy is recognised as patients are given the ability to choose how to end their lives once they make the decision to terminate their lives.
Sesam’s research analysed how foreign jurisdictions have accepted physician-assisted euthanasia and implemented legislative measures to safeguard and regulate how medical practitioners practice it.
Canada is an example of such a jurisdiction and the case that the courts in Canada have made for the decriminalisation of physician-assisted euthanasia. Canadian courts relied on rights such as the right to life and freedom of opinion.
The research supports the legalisation of euthanasia; however, it should be practised by medical practitioners to guarantee accuracy and ensure a painless death.
Legalising euthanasia in South Africa would be an advancement of human rights as freedom of choice, patient autonomy and death with dignity would be recognised.
Recognising the ‘right to die with dignity’ implies that the terminally ill living in pain and suffering would finally be relieved from their undignified circumstances.
Euthanasia does present dangers and the views of those who oppose euthanasia should be respected. However, it is argued that it is better to permit euthanasia than to have patients live in physical and emotional agony. Restrictive measures may be put in place that would promote safe practice and protect patients.
Sesam dreams of obtaining her doctoral studies before the age of 30, also being the first to obtain a doctorate in her family. Her dream job is to work in academia and in the corporal side of law, she is interested in compliance and regulations as she has experience in working for a legal and compliance department in the corporate sphere.