One flew over the cuckoo's nest: An introduction to psychiatric euthanasia and the perceived need to legalize it

• Main Authors: Abrazaldo, John Symmon M., Ngan, Jerrick Bryan V.
• Format: text
• Language: English
• Published: Animo Repository 2021
• Subjects: People with mental disabilities; Mental health laws—Philippines; Euthanasia—Law and legislation—Philippines; Human Rights Law; Medical Jurisprudence
• Online Access: https://animorepository.dlsu.edu.ph/etdb_comlaw/3; https://animorepository.dlsu.edu.ph/cgi/viewcontent.cgi?article=1003&context=etdb_comlaw
• Institution: De La Salle University

Mental health in the Philippines has received increased attention in recent years, mainly evidenced by the enactment of the Mental Health Act of 2018. However, the mental health situation in the country has not seen much improvement in recent years. Furthermore, mental health initiatives continue to be underfunded by the Department of Health. As a result, citizens had to rely on family and friends to cope with their own mental illness. Some of them declared to have some form of mental health condition despite lack of written documentation from a competent mental health professional. For those who suffer from severe mental health problems, their only recourse is to commit suicide since euthanasia is considered illegal in the Philippines. With the lack of alternatives for patients suffering from mental health conditions, the researchers were interesting in addressing the legal issue of whether or not psychiatric euthanasia may be sanctioned by the State consistent with the person’s right to personal autonomy. The researchers used the sociological school of jurisprudence as the base framework of this legal research thesis because the researchers would like to determine whether the Philippines’ current laws are at par with the holistic views of modern-day living. The researchers gathered data from territories where psychiatric euthanasia was legalized to incorporate the best practices into the proposed bill on psychiatric euthanasia in the Philippines. The researchers also used a variety of scholarly journals to better understand the different arguments surrounding the validity and legitimacy of psychiatric euthanasia in various sectors in society. Based on the findings, the researchers take a position wherein psychiatric euthanasia may be sanctioned by the State consistent with the person’s right to personal autonomy. For one, a person’s right to personal autonomy can be considered a penumbral right since it is derived from the individual’s right to privacy. Furthermore, the Magna Carta of Patient’s Rights and Obligations of 2017 provides the right 5 of a patient to self-determination. In cases where the patient experiences a terminal illness currently in its terminal phase, he or she may avail of an advance written directive prior to physicians administering terminal care. On the basis of these findings, the researchers prepared a proposed bill as a recommendation which includes key definition of terms, conditions for a patient to be qualified for psychiatric euthanasia, and procedures to prior to its performance