A New Era for “Right to Suicide”?
As 79-year-old “Dr. Death” Jack Kevorkian – a campaigner of assisted suicide – is set to leave prison coming Friday, the question of “right to die” will perhaps become a hot topic as the celebrity pathologist says he will “work to have it legalized.”
But I believe the fight to legalize assisted suicide needs to address the fundamental question first – is there a fundamental right to suicide? At the end of this entry I try to give an answer.
An article by the Associated Press at ABC News says, “as he prepares to leave prison June 1 after serving more than eight years of a 10- to 25-year sentence in the death of a Michigan man, Kevorkian will find that there’s still only one state that has a law allowing physician-assisted suicide Oregon.”
The only son of Armenian Genocide survivors, Kevorkian has been quoted as saying that as an Armenian he knows what pain and suffering is. But, I think, he may not see his struggle succeed during his lifetime because the root of the question – whether somebody has a right to die – has not been established; not even debated much.
This semester I took my first introductory class to law – Constitutional Law II with Denver Attorney Charles Norton who teaches at the University of Colorado at Denver. One of the students initiated a debate on “right to die” and continued arguing – with intuition – that is should be recognized in the Constitution. The debate was quite long but did not seem very academic. The professor discouraged the off topic and I was silent all the time. On my way to home something in me also said that a person should have the right to decide their fait, and I came up with a constitutional argument.
Several weeks after the first debate the topic was again brought up by the same student. After not talking for an hour, I finally presented my thesis and ended up including it in my final paper as a final thought (it was not part of the questions though). I guess if I end up feeling stronger about the issue and take time a PhD thesis could be written on this, but right now I just want to present the thought to those of you who have background in constitutional law. And by the way, please don’t plagiarize my thesis below.
Death is universally inevitable. One cannot have right to something that is already absolutely unavoidable. Yet voluntary conscience decision to end one’s own life is an extreme application of one’s right to pursue happiness (which can be established with the Palko formula of a fundamental right).
In short, there is no right to die but there is right to happiness which, in an extreme situation, may mean to end life.
With the Palko test (a Supreme Court case that established the precedential definition of a fundamental right with the following criteria: 1.”principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental;” 2. liberty and justice would not exist if the fundamental right was sacrificed), the United States Supreme Court will never recognize a right to suicide because it is not rooted in the traditions of the American people.
Quit contrary, America’s major religious [Judeo-Christian] tradition holds it a crime to commit suicide. In addition to the tradition, death is universally inevitable. One, I would think, cannot have a right to something that is already absolutely unavoidable.
Fifth-century historian Yeghishe has said, “Unconscious death is death, conscious death is immortality.” Voluntary conscious decision to end one’s own life could be an extreme application of one’s right to pursue happiness.
Although a right to “pursue happiness” is not specifically mentioned in the U.S. constitution, it is mentioned in America’s birth certificate – the Declaration of Independence – which is a written document (if not THE written document) of America’s collective conscience.
If the Palko test is impartially applied, I think it would be an objective and valid argument to say that right to pursue happiness is a fundamental one and liberty and justice cannot exist without recognizing it. It may take a long time before the Court, if ever, recognizes such a right and only after its establishment it would be possible to argue that voluntary conscious decision to suicide is part of the fundamental right to pursue happiness.
So Dr. Kevorkian’s struggle may be a long one, and it may be wise to consider the Constitutional issues involved with it. I will charge only $15,000 an hour to present this argument to the United States Supreme Court. 😉
2 Responses to “A New Era for “Right to Suicide”?”
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Ashamed on 29 May 2007 at 8:21 am #
Dear Blogian jan,
Is “the right to suicide” only a subject of constitutional law, and therefore, only people with a background in constitutional law should comment on, or should it be discussed in an open forum by all the members of a society who care enough about the subject, whether they agree or disagree with Dr. Kevorkian?
I would say let the debate begin and let all the people with enough common sense spit out their thoughts on the subject, regardless of their educational backgrounds.
I bet it would be interesting, and without hesitation, I’d say go for a PhD on this subject. It may be rewarding…
Why not ?
Blogian on 03 Jun 2007 at 9:16 pm #
Ashamed jan, sorry for the late response (am looking for cheap airline tickets to Armenia all day long lol).
Some “rights” are argued to be excluded from constitutional review, so “the right to suicide” may not even lie in the Constitution at all. Everybody should discuss it, of course. The reason I asked people with constitutional law background to comment is because I wanted to also hear from experts because I am not. And again, some of these experts may well argue that this question is beyond the scope and intent of the constitution.