viernes, 13 de marzo de 2009

Euthanasia


Euthanasia: the intentional killing by act or omission of a dependent human being for his or her alleged benefit. (The key word here is "intentional". If death is not intended, it is not an act of euthanasia)
Voluntary euthanasia: When the person who is killed has requested to be killed.
Non-voluntary: When the person who is killed made no request and gave no consent.
Involuntary euthanasia: When the person who is killed made an expressed wish to the contrary.
Assisted suicide: Someone provides an individual with the information, guidance, and means to take his or her own life with the intention that they will be used for this purpose. When it is a doctor who helps another person to kill themselves it is called "physician assisted suicide."
Euthanasia By Action: Intentionally causing a person's death by performing an action such as by giving a lethal injection.
Euthanasia By Omission: Intentionally causing death by not providing necessary and ordinary (usual and customary) care or food and water.
What Euthanasia is NOT: There is no euthanasia unless the death is intentionally caused by what was done or not done. Thus, some medical actions that are often labeled "passive euthanasia" are no form of euthanasia, since the intention to take life is lacking. These acts include not commencing treatment that would not provide a benefit to the patient, withdrawing treatment that has been shown to be ineffective, too burdensome or is unwanted, and the giving of high doses of pain-killers that may endanger life, when they have been shown to be necessary. All those are part of good medical practice, endorsed by law, when they are properly carried out..


EUTHANASIA AND THE LAW:


Efforts to change government policies on euthanasia in the 20th century have met limited success in Western countries. Country policies are described below in alphabetical order, followed by the exceptional case of the Netherlands. Euthanasia policies have also been developed by a variety of NGOs, most notably medical associations and advocacy organizations.
JAPAN
To have the right to the euthanasia, in Japan they need some different conditions.
In the case of passive euthanasia, three conditions must be met:
the patient must be suffering from an incurable disease, and in the final stages of the disease from which he/she/ is unlikely to make a recovery;
the patient must give express consent to stopping treatment, and this consent must be obtained and preserved prior to death. If the patient is not able to give clear consent, their consent may be determined from a pre-written document such as a living will or the testimony of the family;
the patient may be passively euthanized by stopping medical treatment, chemotherapy, dialysis, artificial respiration, blood transfusion, IV drip, etc.
For active euthanasia, four conditions must be met:
the patient must be suffering from unbearable physical pain;
death must be inevitable and drawing near;
the patient must give consent. (Unlike passive euthanasia, living wills and family consent will not suffice.)
the physician must have (ineffectively) exhausted all other measures of pain relief.

UNITED STATES

Euthanasia is illegal in most of the United States. Attempts to legalize euthanasia and assisted suicide resulted in ballot initiatives and "legislation bills" within the United States of America in the last 20 years. For example, Washington voters saw Ballot Initiative 119 in 1991, California placed Proposition 161 on the ballot in 1992, Oregon passed the Death with Dignity Act in 1997, Michigan included Proposal B in their ballot in 1998, and Washington's Initiative 1000 on the ballot in 2008.
LUXEMBOURG
The country's parliament passed a bill legalising euthanasia on 20 February 2008 in the first reading with 30 of 59 votes in favour; it still has to pass a second reading before coming into effect.
INDIA

In a first step towards legalising euthanasia, The Law Commission of India, Ministry of Law and Justice has decided to recommend to the Indian Government to allow terminally ill to end their lives.

TESTAMENTS


This right is different depending on which country you are. Here, in Spain it is allowed but in some other countries it is not, in Washington, USA for example.
This testament says, that, in certain conditions, for example if you have an irreversible illness, it allows you to finish with your live.
NEWS ABOUT EUTHANASIA IN THE MEDIA:
London, England (LifeNews.com) -- The British Court of Appeal is holding a hearing today on the case of Debbie Purdy, a woman who wants to travel to Switzerland to kill herself at a euthanasia center and doesn't want her family charged when they return. Purdy filed a lawsuit against officials in England to make them reveal when they will charge someone.Purdy has multiple sclerosis and she plans to go to a Dignitas euthanasia facility in Switzerland to kill herself as the condition worsens.British law calls for 14 years in prison for assisting a suicide, although none of the relatives or friends of the people who have killed themselves in western Europe have been brought to trial for violating the law by taking their loved ones to the centers.In October, the British High Court ruled against Purdy and her attorneys appealed the decision.During the hearing, Lord Pannick QC, appearing for Purdy, argued the High Court judges erred. He said the Director of Public Prosecutions, Keir Starmer, should be required to issue specific policy guidelines.The appeals court has also heard from a leading pro-life group that has been allowed to get involved.case. Paul Tully, SPUC general secretary, talked about the latest news in the legal battle."We have great sympathy for Mrs Purdy because of her medical condition, but her legal case is misguided and dangerous," he said. "Suicide is a course of action which everyone in society, from individuals to parliament naturally discourages. If we favor suicide for individuals who are suffering, we send a message to all those who are sick or disabled that their lives are not worthwhile," he said."We welcome the involvement of the DPP in this case and we commend his legal arguments. His firm resistance to this attack on the law is vital to upholding fundamental rights and freedoms of everyone," Tully added.Tully say the case is another attack on the rights of the vulnerable."We are appalled by the continuing attacks on the right to life of those who are elderly or disabled or suffering from progressive degenerative disease," he said.After the previous high court decision, Purdy said she would go to Switzerland alone if she can't guarantee her husband wouldn't be charged.Meanwhile, Starmer indicated last month that he probably won't prosecute any cases.Starmer spoke in light of his decision at the end of last year not to prosecute the family of 23-year-old rugby player Daniel James, whose family took him to a Dignitas center in Switzerland to die. He admitted there was “sufficient evidence” to prosecute but claimed it would not be in the public interest to do so.



USUAL PRACTICIES (AROUND THE WORLD):
Multivariate logistic regression analysis suggested that oncologists were significantly less likely to have performed euthanasia or physician-assisted suicide if they were unwilling to increase the dose of intravenous morphine for pain control in a patient with breast cancer who had excruciating pain (OR, 0.58 [CI, 0.43 to 0.79]) and if they reported that their training in end-of-life care was helpful (OR, 0.86 [CI, 0.79 to 0.95]). Conversely, oncologists who were less spiritual were significantly more likely to have performed euthanasia or physician-assisted suicide (OR, 1.77 [CI, 1.40 to 2.26]). Of note, 1.5% of oncologists who reported that they could get their dying patients all necessary care had performed euthanasia, whereas 6.2% of oncologists who reported that administrative, fiscal, and structural barriers allowed them to provide their dying patient with only some of the care they needed had performed euthanasia.

GROUPS IN FAVOUR AND AGAINST EUTHANASIA:
Reasons given against voluntary euthanasia(62%):
Professional role: Critics argue that voluntary euthanasia could unduly compromise the professional roles of health care employees, especially doctors. They point out that European physicians of previous centuries traditionally swore some variation of the Hippocratic Oath, which in its ancient form excluded euthanasia: "To please no one will I prescribe a deadly drug nor give advice which may cause his death.." However, since the 1970s, this oath has largely fallen out of use.
Moral: Some people consider euthanasia of some or all types to be morally unacceptable.[8] This view usually treats euthanasia to be a type of murder and voluntary euthanasia as a type of suicide, the morality of which is the subject of active debate.
Theological: Voluntary euthanasia has often been rejected as a violation of the sanctity of human life. Specifically, some Christians argue that human life ultimately belongs to God, so that humans should not be the ones to make the choice to end life. Orthodox Judaism takes basically the same approach, however, it is more open minded, and does, given certain circumstances, allow for euthanasia to be exercised under passive or non-aggressive means. Accordingly, some theologians and other religious thinkers consider voluntary euthanasia (and suicide generally) as sinful acts, i.e. unjustified killings.
Feasibility of implementation: Euthanasia can only be considered "voluntary" if a patient is mentally competent to make the decision, i.e., has a rational understanding of options and consequences. Competence can be difficult to determine or even define.
Necessity: If there is some reason to believe the cause of a patient's illness or suffering is or will soon be curable, the correct action is sometimes considered to attempt to bring about a cure or engage in palliative care.
Wishes of Family: Family members often desire to spend as much time with their loved ones as possible before they die.
Consent under pressure: Given the economic grounds for voluntary euthanasia (VE), critics of VE are concerned that patients may experience psychological pressure to consent to voluntary euthanasia rather than be a financial burden on their families. [27] Even where health costs are mostly covered by public money, as in various European countries, VE critics are concerned that hospital personnel would have an economic incentive to advise or pressure people toward euthanasia consent.

Reasons given for voluntary euthanasia(31%):
Choice: Proponents of VE emphasize that choice is a fundamental principle for liberal democracies and free market systems.
Quality of Life: The pain and suffering a person feels during a disease, even with pain relievers, can be incomprehensible to a person who has not gone through it. Even without considering the physical pain, it is often difficult for patients to overcome the emotional pain of losing their independence. Economic costs and human resources: Today in many countries there is a shortage of hospital space. The energy of doctors and hospital beds could be used for people whose lives could be saved instead of continuing the life of those who want to die which increases the general quality of care and shortens hospital waiting lists. It is a burden to keep people alive past the point they can contribute to society, especially if the resources used could be spent on a curable ailment.

viernes, 20 de febrero de 2009

Torture







Torture


Ander Peña and Adrian Lancho

44D

Alternatiba

2nd Term

Sources of Information:

Torture Videos:

Date:

13th of March 2009



Summary:

What’s Torture?

Laws Against Torture

Supervision of Anti- Treaties

Tortures Used in the Past

Torture in Recent Times

What’s Torture?


Torture, according to the United Nations Convention Against Torture, is: any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions.
The word 'torture' comes from the French torture, originating in the Late Latin tortura and ultimately deriving the past participle of torquere meaning 'to twist'.


Laws Against Torture

On December 10, 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). Article 5 states, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."Since that time a number of other international treaties have been adopted to prevent the use of torture. Two of these are the United Nations Convention Against Torture and for international conflicts the Geneva Conventions III and IV.


Supervision of Anti- Torture Treaties


The Istanbul Protocol, an official UN document, is the first set of international guidelines for documentation of torture and its consequences. It became a United Nations official document in 1999.

Under the provisions of OPCAT that entered into force on 22 June 2006 independent international and national bodies will regularly visit places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. Each state that ratified the OPCAT, according to Article 17, is responsible for creating or maintaining at least one independent national preventative mechanism for torture prevention at the domestic level.


There are some different tortures:


Tortures used in the past

The Romans used torture for interrogation. They did not regard crucifixion as torture, though it was a deliberately horrible way to execute people as an example to frighten others. Prior to crucifixion, victims were often savagely whipped (sometimes to death) with barbed metal lashes, also to frighten others. A slave's testimony was admissible only if extracted by torture, on the assumption that slaves could not be trusted to reveal the truth voluntarily.[40] Over time the conceptual definition of torture has been expanded and remains a major question for ethics, philosophy, and law, but clearly includes the practices of many subsequent cultures.

Modern scholars find the concept of Hell torture to be compatible with society's concept of Justice during the time of Jesus Christ. Romans, Jews, Egyptians and many others cultures during that time included torture as part of their justice system. Romans had crucifixion, Jews had stoning and Egyptians had desert sun death. All these acts of torture were considered necessary (as to deter others) or good (as to punish the immoral).

Medieval and early modern European courts used torture, depending on the accused's crime and social status. Torture was deemed a legitimate means to extract confessions or to obtain the names of accomplices or other information about a crime. Often, defendants already sentenced to death would be tortured to force them to disclose the names of accomplices. Torture in the Medieval Inquisition began in 1252 and ended in 1816 when a papal bull forbade its use.

While secular courts often treated suspects ferociously, Will and Ariel Durant argued in The Age of Faith that many of the most vicious procedures were inflicted upon pious heretics by even more pious friars. The Dominicans gained a reputation as some of the most fearsomely innovative torturers in medieval Spain.

Torture was usually conducted in secret, in underground dungeons. By contrast, torturous executions were typically public, and woodcuts of English prisoners being hanged, drawn and quartered show large crowds of spectators, as do paintings of Spanish auto-da-fé executions, in which heretics were burned at the stake.

In 1613 Anton Praetorius described the situation of the prisoners in the dungeons in his book Gründlicher Bericht über Zauberei und Zauberer (Thorough Report about Sorcery and Sorcerers). He was one of the first to protest against all means of torture.

In Colonial America women were sentenced to the stocks with wooden clips on their tongues or subjected to the "dunking stool" for the gender-specific crime of talking too much.

While in Egypt in 1798, Napoleon Bonaparte wrote to Major-General Berthier that the barbarous custom of whipping men suspected of having important secrets to reveal must be abolished. It has always been recognized that this method of interrogation, by putting men to the torture, is useless. The wretches say whatever comes into their heads and whatever they think one wants to believe. Consequently, the Commander-in-Chief forbids the use of a method which is contrary to reason and humanity.

Torture in recent times

Modern sensibilities have been shaped by a profound reaction to the war crimes and crimes against humanity committed by the Axis Powers in the Second World War, which have led to a sweeping international rejection of most if not all aspects of the practice. Even so, many states engage in torture; however, few wish to be described as doing so, either to their own citizens or to international bodies. A variety of devices bridge this gap, including state denial, "secret police", "need to know", denial that given treatments are torturous in nature, appeal to various laws (national or international), use of jurisdictional argument, claim of "overriding need", and so on. Many states throughout history, and many states today, have engaged in torture (unofficially). Despite worldwide condemnation and the existence of treaty provisions that forbid it, torture still occurs in two thirds of the world's nations.
Torture Cases
On 5 November 2008, the High Court of Zimbabwe granted Women of Zimbabwe Arise (WOZA) leaders Jenni Williams and Magodonga Mahlangu bail following their arrest on 16 October. They were released the following morning on 6 November.

Jenni Williams and Magodonga Mahlangu were arbitrarily arrested after participating in a peaceful protest outside Mhlahlandlela Government Complex in Bulawayo, in which they demanded immediate access to food aid in Zimbabwe. Police used excessive force to break up the peaceful protest by about 200 WOZA activists. Magodonga Mahlangu was beaten by police during her arrest.

Jenni Williams and Magodonga Mahlangu were unlawfully detained at Bulawayo Central police station overnight before being moved to be remanded in prison on 17 October. The Magistrate Court in Bulawayo remanded the two women in custody until 21 October, when their bail hearing took place without them being present. The state alleged that there was no transport to take them to the bail hearing. The court reserved judgement on the bail application until 24 October. However, on 24 October the magistrate allegedly postponed the judgement until 27 October because she was attending a workshop. Their bail applications were denied on 27 October. They then lodged appeals with the high court and were granted bail on 5 November, 21 nights after their arrest.

They have been charged under Section 37 1(a) of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’.
On January 9, 2008, the Chicago City Council approved a nearly $20 million legal settlement to four African American men who were tortured into confessions by former police Cmdr. John Burge and his subordinates. The four allegedly were subjected to electric shocks, beatings and other brutality by Burge and his men. Though the settlement in the Burge cases is a victory, we must push for continued justice and accountability in these cases:
Join us in calling for the federal prosecution of John Burge and other Area 2 and 3 Chicago Police officers!
Join us in calling for new hearings for the 26 African American torture victims who remain convicted and incarcerated!
Join us in calling for reparations and psychological counselling on behalf of all of the torture victims!
For more information on the Chicago Police Torture Cases, and to see how you can get involved, visit http://www.midwesthumanrights.org/!

Torture Cases







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