Search results
1 – 2 of 2
The purpose of this paper is to demonstrate that the eventual legalisation of assisted dying in England and Wales should extend to persons deprived of liberty, as well.
Abstract
Purpose
The purpose of this paper is to demonstrate that the eventual legalisation of assisted dying in England and Wales should extend to persons deprived of liberty, as well.
Design/methodology/approach
Using a relational view of dignity strengthens the argument that the need to protect the dignity of persons deprived of liberty requires the extension of the legalisation of assisted dying to persons deprived of liberty once generally achieved in England and Wales.
Findings
Three aspects make dignity a relational concept – dignity being attributed by society, dignity working as a restraint on others and dignity requiring specific behaviours. All these elements support the claim that assisted dying should be available to persons deprived of liberty, once legalised in England and Wales.
Originality/value
Both the legalisation of assisted dying for persons deprived of liberty and the concept of relational dignity have to date found little attention. With a legalisation of assisted dying being debated in England and Wales, it is pertinent to discuss its application to persons deprived of liberty, who would undoubtedly not automatically benefit from a future Assisted Dying Act.
Details
Keywords
The purpose of this paper is to explore whether, although the state has a duty to protect prisoners, there should nevertheless be a right for prisoners to decide when and how they…
Abstract
Purpose
The purpose of this paper is to explore whether, although the state has a duty to protect prisoners, there should nevertheless be a right for prisoners to decide when and how they die.
Design/methodology/approach
Utilising a utopian thought experiment, the paper covers a series of interrelated issues: the aims of punishment, the functions of prisons, the rights of prisoners and the responsibilities of the state towards inmates. While the paper takes a European focus, it is of interest to a global audience, as the philosophical ideas raised are universally applicable.
Findings
As the right to die advances in society, so should it advance for prisoners. Once assisted dying has been legalised, it should also be available for dying prisoners.
Originality/value
The question has so far not been analysed in depth. With an ageing prison population, however, it is vital that we start engaging with the problems posed by an ageing and dying prison population.
Details