25
Is There a Right to Die?

Leon R. Kass

To speak of rights in the very troubling matter of medically
managed death is ill suited both to sound personal
decisionmaking and to sensible public policy. There is no firm
philosophical or legal argument for a "right to die."

It has been fashionable for some time now and in many aspects of American public life for people to demand what they want or need as a matter of rights. During the past few decades we have heard claims of a right to health or health care, a right to education or employment, a right to privacy (embracing also a right to abort or to enjoy pornography, or to commit suicide or sodomy), a right to clean air, a right to dance naked, a right to be born, and a right not to have been born. Most recently we have been presented with the ultimate new rights claim, a "right to die."

This claim has surfaced in the context of changed circumstances and burgeoning concerns regarding the end of life. Thanks in part to the power of medicine to preserve and prolong life, many of us are fated to end our once-flourishing lives in years of debility, dependence, and disgrace. Thanks to the respirator and other powerful technologies that can, all by themselves, hold comatose and other severely debilitated patients on this side of the line between life and death, many who would be dead are alive only because of sustained mechanical intervention. Of the 2.2 million annual deaths in the United States, 80 percent occur in health care facilities; in roughly 1.5 million of these cases, death is preceded by some explicit decision about stopping or not starting medical treatment. Thus, death in America is not only medically managed, but its timing is also increasingly subject to deliberate choice. It is from this background that the claims of a right to die emerge.

I do not think that the language and approach of rights are well suited either

____________________
Leon R. Kass, "Is There a Right to Die?" Hastings Center Report (January- February 1993): 34-43. © Leon R. Kass. Reprinted by permission.
This paper is a contribution to a volume of essays, Old Rights and New, edited by Robert A. Licht, published in 1993 by the American Enterprise Institute.

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