Rights of the Terminally Ill Act 1995
Rights of the Terminally Ill Act 1995 was a piece of legislation enacted in the Northern Territory of Australia that legalized euthanasia under certain conditions, becoming the first jurisdiction in the world to do so. However, the Act was short-lived, as it was overturned by the Australian Federal Government in 1997.
Overview
The Rights of the Terminally Ill Act 1995 allowed individuals suffering from a terminal illness, and who met specific criteria, the right to request a doctor to assist them in ending their life. The Act outlined strict protocols, including the requirement for full mental capacity to make such a decision and mandatory counseling sessions. The patient's request for euthanasia had to be fully informed and voluntarily made, with the option to withdraw at any time.
Legislative History
The Act was introduced by Marshall Perron, the then Chief Minister of the Northern Territory, and passed through the Northern Territory Legislative Assembly. It sparked a significant national and international debate on the ethics and legality of euthanasia.
Implementation and Cases
The Rights of the Terminally Ill Act 1995 was in effect for a brief period during which a small number of individuals utilized the law to end their lives with medical assistance. The most notable case was that of Bob Dent, who became the first person to die under the legislation.
Repeal
The Act was repealed by the Euthanasia Laws Act 1997, passed by the Australian Federal Government. This legislation removed the power from the Northern Territory, as well as the Australian Capital Territory and Norfolk Island, to legalize euthanasia. The repeal was a contentious move, reflecting the broader national and international debate on the right to die.
Legacy
Despite its repeal, the Rights of the Terminally Ill Act 1995 has had a lasting impact on the debate surrounding euthanasia and assisted dying laws worldwide. It set a precedent for how such laws could be structured and sparked discussions on the rights of terminally ill patients to choose the timing and manner of their death. The Act is often cited in debates on similar legislation in other jurisdictions.
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Contributors: Prab R. Tumpati, MD