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Old 03-06-2011, 01:57 PM #1
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Post SUICIDE: A Civil Right

http://www.antipsychiatry.org/suicide.htm

The U.S. Supreme Court addressed the question of whether the U.S. Constitution protects the right to die in 1990 in the case of Cruzan v. Missouri, 497 U.S. 261. In the words of Time magazine, in this case the U.S. Supreme Court "declared for the first time that there is indeed a right to die" (July 9, 1990, p. 59). Of the nine justices, all except Justice Scalia acknowledged the right to die is a federal constitutional right. In his concurring opinion, Justice Scalia argued vigorously against the reasoning of the majority and dissenting opinions, both of which acknowledged the right of self-determination is a constitutional right and that it includes the right to die. Justice Scalia opposed the view of the other eight justices, arguing vigorously against what he called the right to commit suicide. But in this respect he stood alone on the Court.
Since the rationale of these cases is that people have a right of self-determination that includes the right to die, they support my assertion that suicide is a civil right even though, at present, the right to die has been upheld only in cases involving physically ill or disabled people who are conscious enough to express their desire to die or who when healthy enough to express an opinion indicated death is what he or she would want in the circumstances. In fact, this justification is probably in many cases a mere excuse or rationalization to cover up the real reason. If the sole reason for permitting death was the desire of the ill or disabled person, involuntary psychiatric commitment of suicidal people would not take place. A bona-fide but unacknowledged reason ill or disabled people are allowed to deliberately end their lives is they have become a burden to other people. In other words, just as able-bodied suicidal people are incarcerated for their own supposed benefit (to prevent them from committing suicide) when the real reason is selfish concerns of others, people with severe, permanent disability or incurable disease are allowed to die for their own supposed benefit when a real but unacknowledged purpose is to relieve others ("society") of the burden of caring for them. However, the reasoning of judicial opinions upholding the right to die emphasize personal autonomy and self-determination as the basis for the decision and therefore support my opinion that each person is the sole owner of himself or herself, of his or her own body, and of his or her own life. They support my opinion that the right to commit suicide is a civil right.
If you are a legislator who supports the right of self-ownership you should introduce legislation to delete references to "dangerousness to oneself" in your state's psychiatric commitment laws. If you are a judge deciding questions of constitutional law, you should strike down as unconstitutional laws that imprison ("hospitalize") people only for supposed dangerousness or harm to oneself. Whoever you are, you should respect the autonomy of all of your fellow men and women whose conduct does not unlawfully harm others.
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Old 03-06-2011, 02:31 PM #2
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Default Lou_lou

Quote:
Originally Posted by lou_lou View Post
http://www.antipsychiatry.org/suicide.htm

The U.S. Supreme Court addressed the question of whether the U.S. Constitution protects the right to die in 1990 in the case of Cruzan v. Missouri, 497 U.S. 261. In the words of Time magazine, in this case the U.S. Supreme Court "declared for the first time that there is indeed a right to die" (July 9, 1990, p. 59). Of the nine justices, all except Justice Scalia acknowledged the right to die is a federal constitutional right. In his concurring opinion, Justice Scalia argued vigorously against the reasoning of the majority and dissenting opinions, both of which acknowledged the right of self-determination is a constitutional right and that it includes the right to die. Justice Scalia opposed the view of the other eight justices, arguing vigorously against what he called the right to commit suicide. But in this respect he stood alone on the Court.
Since the rationale of these cases is that people have a right of self-determination that includes the right to die, they support my assertion that suicide is a civil right even though, at present, the right to die has been upheld only in cases involving physically ill or disabled people who are conscious enough to express their desire to die or who when healthy enough to express an opinion indicated death is what he or she would want in the circumstances. In fact, this justification is probably in many cases a mere excuse or rationalization to cover up the real reason. If the sole reason for permitting death was the desire of the ill or disabled person, involuntary psychiatric commitment of suicidal people would not take place. A bona-fide but unacknowledged reason ill or disabled people are allowed to deliberately end their lives is they have become a burden to other people. In other words, just as able-bodied suicidal people are incarcerated for their own supposed benefit (to prevent them from committing suicide) when the real reason is selfish concerns of others, people with severe, permanent disability or incurable disease are allowed to die for their own supposed benefit when a real but unacknowledged purpose is to relieve others ("society") of the burden of caring for them. However, the reasoning of judicial opinions upholding the right to die emphasize personal autonomy and self-determination as the basis for the decision and therefore support my opinion that each person is the sole owner of himself or herself, of his or her own body, and of his or her own life. They support my opinion that the right to commit suicide is a civil right.
If you are a legislator who supports the right of self-ownership you should introduce legislation to delete references to "dangerousness to oneself" in your state's psychiatric commitment laws. If you are a judge deciding questions of constitutional law, you should strike down as unconstitutional laws that imprison ("hospitalize") people only for supposed dangerousness or harm to oneself. Whoever you are, you should respect the autonomy of all of your fellow men and women whose conduct does not unlawfully harm others.
Hear hear!
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