The State of the Law on Euthanasia in Kenya
The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the ‘right to life’ or the ‘right to dignity’ to also include the ‘right to die’. Instead, they have held that the state has a d...
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| Format: | Article |
| Language: | English |
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Journal of Medical Law and Ethics
2020
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| Online Access: | https://repository.daystar.ac.ke/handle/123456789/3162 |
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| author | Wekesa, Moni Awori, Martin |
| author_facet | Wekesa, Moni Awori, Martin |
| author_sort | Wekesa, Moni |
| collection | DSpace |
| description | The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the ‘right to life’ or the ‘right to dignity’ to also include the ‘right to die’. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating ‘dual-effect’ treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of ‘free for all’. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya. |
| format | Article |
| id | ir-123456789-3162 |
| institution | Daystar University |
| language | English |
| publishDate | 2020 |
| publisher | Journal of Medical Law and Ethics |
| record_format | dspace |
| spelling | ir-123456789-31622024-02-21T16:18:06Z The State of the Law on Euthanasia in Kenya Wekesa, Moni Awori, Martin Law on Euthanasia Kenya Right to life Right to die The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the ‘right to life’ or the ‘right to dignity’ to also include the ‘right to die’. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating ‘dual-effect’ treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of ‘free for all’. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya. Daystar University School of Law 2020-07-08T07:49:41Z 2020-07-08T07:49:41Z 2020 Article Moni Wekesa and Martin Awori (2020). The State of the Law on Euthanasia in Kenya. Journal of Medical Law and Ethics 2020-1 https://repository.daystar.ac.ke/handle/123456789/3162 en application/pdf Journal of Medical Law and Ethics |
| spellingShingle | Law on Euthanasia Kenya Right to life Right to die Wekesa, Moni Awori, Martin The State of the Law on Euthanasia in Kenya |
| title | The State of the Law on Euthanasia in Kenya |
| title_full | The State of the Law on Euthanasia in Kenya |
| title_fullStr | The State of the Law on Euthanasia in Kenya |
| title_full_unstemmed | The State of the Law on Euthanasia in Kenya |
| title_short | The State of the Law on Euthanasia in Kenya |
| title_sort | state of the law on euthanasia in kenya |
| topic | Law on Euthanasia Kenya Right to life Right to die |
| url | https://repository.daystar.ac.ke/handle/123456789/3162 |
| work_keys_str_mv | AT wekesamoni thestateofthelawoneuthanasiainkenya AT aworimartin thestateofthelawoneuthanasiainkenya AT wekesamoni stateofthelawoneuthanasiainkenya AT aworimartin stateofthelawoneuthanasiainkenya |