Some members of the Guangdong provincial top advisory body
proposed that terminal cancer patients should be allowed to choose
euthanasia to bring an end to their suffering at the provincial
people's political consultative conference. However Guangdong's
provincial legislature has rejected calls to legalize euthanasia
saying such a move would be unconstitutional for the right of
subsistence is protected by the Constitution.?
To address questions on whether legalization of euthanasia would
be unconstitutional or if China should consider the legalization of
euthanasia at this stage, Beijing Youth Daily recently
interviewed Xue Ruilin, a professor of China University of
Political Science and Law, and Chen Fan, a doctor of Beijing Tumor
Hospital.
Reporter: Do you think that legalization of
euthanasia would be unconstitutional?
Xue Ruilin: Saying that euthanasia would be
unconstitutional was deduced from an explanation of law. I
personally believe that the legalization of euthanasia wouldn't be
unconstitutional for euthanasia expresses the real will of the
patients. But I also believe that it is not the perfect time to
legalize euthanasia. There will be many questions if we pass a law
on euthanasia since moral principles, ethics and the quality of
citizens in China are still premature at this time.
Reporter: The debate on euthanasia has lasted for many
years. We know there are many different opinions in jurisprudence
on it. What are they?
Xue Ruilin: There is much research on euthanasia no
matter in jurisprudence or medical areas. People who support the
legitimation of euthanasia believe that we should respect patients
to choose how to die and that it also meets the principle of
humanitarianism. Doctors and family members who help the patients
to make the euthanasia happen are guilty of murder under present
laws. So, they wish to release these people's liability by passing
a law on euthanasia. Experts who oppose euthanasia believe that the
right of subsistence is deprived by other people no matter if it is
the will of the patients or not. The legitimation of euthanasia may
open a door for crimes like murder. Some people have the same
opinion as mine: that it is still premature to pass a law on
euthanasia in China.???
Reporter: Are there many cancer patients asking for
euthanasia?
Chen Fan: First, I would like to clarify that when it is
the real will of the patients to ask for euthanasia. Patients
usually ask for euthanasia when they are suffering extreme pain and
don’t know the pain can be controlled. I don't think it is the
patients' real will to choose euthanasia. It is the real will of
the patients to ask for euthanasia only when they are clear-headed,
not suffering any pain and master medical knowledge as a whole.
None of my patients ask for euthanasia when they have received
proper medical treatment and psychological treatment. As a doctor,
I suggest cancer patients be given pain killing prescriptions to
alleviate their suffering. We should try our best to help
terminally ill patients spend the rest of their lives with less
pain and more happiness.
(China.org.cn translated by Wu Nanlan, July 29, 2003)