Proposal of Sir Geoffrey Palmer will Corrupt the Judiciary
Media Release Saturday 3rd September
2016
Right to Life
respectfully questions a proposal by Sir Geoffrey Palmer
that all applications for euthanasia, or less
euphemistically a doctor killing a patient or assisting in
their suicide, should be put to a Judge in the Family Court.
Sir Geoffrey Palmer seems to believe that this will prevent
potential abuse. Has Sir Geoffrey really thought through the
implications of making a Family Court Judge the final
arbitrator of whether a doctor may kill or assist in the
suicide of a patient?
Right to Life
considers that if implemented this proposal would result in
the corruption of the Judiciary and detrimentally impact the
legal profession. New Zealand abolished the death penalty in
1989. Sir Geoffrey’s proposal to involve the judiciary in
deciding who can live and die is effectively reintroducing
capital punishment. Homicide and assisting in a suicide are
serious crimes, they do not gain legitimacy simply by being
authorised by a Judge.
Right to Life is
disappointed that Sir Geoffrey who is a former Law
Commission President should want to involve the judiciary in
depriving a person of their right to life. Has he consulted
with the Judiciary? Do they support his proposal? Sir
Geoffrey’s proposal includes that the person is at least
18 years old and is capable of making decisions, that they
are a permanent New Zealand resident, and they have
consented in writing before two independent witnesses. Two
medical practitioners must certify that they have a grievous
and incurable medical condition and the medical condition
must be causing enduring suffering that is intolerable and
finally that a medical practitioner be available to end the
life.
The sole objective of the Judiciary is to
uphold justice. The role of a Family Court Judge is to make
orders to protect those in need of care, from children,
through to older people. It is certainly not the role of a
Family Court judge to be the arbitrator of the right to give
permission for a doctor to proceed to kill a patient or
assist in their suicide. This would be a travesty of justice
and a violation of human rights.
Those people
who advocate for euthanasia are prepared to violate the
ethics of the medical profession. Is Sir Geoffrey Palmer
now proposing to violate the ethics of the
judiciary?
Right to Life believes that the proposal does
nothing to protect the life of the patient. It is assumed
that the doctors who have authorised doctor assisted suicide
or a lethal injection for the patient, will not be required
to appear in court and that the Judge will not be required
to interview the patient. We are now left with the
conclusion that the Judge is there simply to ensure that all
the paperwork has been completed.
This proposal by Sir
Geoffrey Palmer will do nothing to prevent abuses should
euthanasia be decriminalised in New Zealand. In Holland at
least 23% of euthanasia deaths go unreported. Sir
Geoffrey’s proposal will do nothing to prevent deaths in
this country from euthanasia abuse.
Ken
Orr
Spokesperson,
Right to
Life.