PFP's euthanasia referendum faces legislative hurdles

Taiwan's People First Party (PFP) is pushing for its "Life Autonomy, Dignified End-of-Life" referendum proposal to be fast-tracked for a second reading in the Legislative Yuan. However, Democratic Progressive Party (DPP) legislator Chen Guan-ting, who first introduced a "euthanasia law" draft, contends that the complex issue of euthanasia cannot be simplified into a yes-or-no vote on a ballot.

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Life autonomy and dignified end-of-life are worth public, rational discussion, but euthanasia involves the right to life, patient autonomy, medical ethics, and criminal responsibility. Such a serious and complex systemic issue is difficult to simplify into a slogan and a vote.

Chen Guan-ting stated that while societal discussion on life autonomy and dignified end-of-life choices is valuable, euthanasia involves profound considerations of the right to life, patient autonomy, medical ethics, and criminal liability. He believes such a serious and intricate systemic issue is difficult to distill into a slogan or a single vote. Chen pointed out that his own proposed "Euthanasia Law" is currently under review by the Committee on Social Welfare and Environmental Hygiene, and he respects the committee's process while urging for prompt scheduling of hearings.

He stressed that the legislature must shoulder responsibility for thoroughly addressing the multifaceted challenges of euthanasia legislation. Key difficulties include establishing robust supporting systems to protect both patients and medical professionals. This involves defining eligibility criteria, such as limiting it to terminally ill patients, determining how to assess unbearable and irreversible suffering, specifying the number and specialty of physicians required for independent assessment, and ensuring the applicant's capacity and freedom from undue influence from illness, family, or financial pressures.

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The legislature should bear the responsibility for completely handling the systemic difficulties.

Chen Guan-ting elaborated that his draft legislation includes requirements for independent assessments by two physicians from different specialties, including psychiatry and palliative care or pain management. It also incorporates procedures like a cooling-off period, conflict of interest exclusions, prior review, and post-implementation supervision. Furthermore, it outlines physicians' rights to refuse and their referral obligations, while granting legal protection to those acting in accordance with the law. He noted that international precedents, like New Zealand's "End of Life Choice Act," involved passing detailed legislation first, followed by a binding referendum on the complete text, allowing citizens to vote on a tangible law rather than a slogan.

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In New Zealand, the 'End of Life Choice Act' was passed by parliament in November 2019, followed by a binding referendum on the legislative bill in October 2020. After about 65% approval, it took effect in November 2021. Therefore, the sequence is to first complete the detailed legislation and then submit the 'complete text' for the people's confirmation. People vote on a law they can see the content of, not a slogan.