Next Article in Journal
Vulnerability and the Right to Respect for Private Life as an Autonomous Source of Protection against Expulsion under Article 8 ECHR
Previous Article in Journal
A New Protection Orientation and Framework for Refugees and Other Forced Migrants
Previous Article in Special Issue
Disability, Procreation, and Justice in the United States
Article Menu

Export Article

Open AccessArticle
Laws 2017, 6(4), 31; doi:10.3390/laws6040031

From Disability Rights to the Rights of the Dying (and Back Again)

Albert Gnaegi Center for Health Care Ethics, Saint Louis University, St. Louis, MO 63104, USA
Received: 14 August 2017 / Revised: 21 November 2017 / Accepted: 11 December 2017 / Published: 15 December 2017
(This article belongs to the Special Issue Health Care Law and the Rights of Individuals with Disabilities)
View Full-Text   |   Download PDF [229 KB, uploaded 19 December 2017]

Abstract

This article argues for civil rights for dying people. The creation of such rights should be understood as complementary to, but distinct from, existing initiatives to provide dying people with social benefits. A basis for rights for terminally ill people can be found in the disability rights movement. Through an ethnographic case study of two dying individuals, I argue that terminally ill people can be subjected to disability discrimination as it is understood within the dominant theoretical framework of disability rights: the social model of disability. Nevertheless, while disability rights provides a theoretical basis for understanding discrimination against people who are dying, existing U.S. disability rights legislation largely does not recognize, nor address this discrimination. For this reason, it is necessary to develop a separate set of rights of the dying. I conclude by arguing that such “dying rights” are a logical extension of disability rights, and will bring ancillary benefits to both disabled people and the disability rights movement itself. There is thus a strong foundation for a legal and political alliance between disability rights advocates and advocates for people who are dying. View Full-Text
Keywords: disability rights; terminal illness; death and dying; ethnography; civil rights; bioethics; physician-assisted suicide disability rights; terminal illness; death and dying; ethnography; civil rights; bioethics; physician-assisted suicide
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

Scifeed alert for new publications

Never miss any articles matching your research from any publisher
  • Get alerts for new papers matching your research
  • Find out the new papers from selected authors
  • Updated daily for 49'000+ journals and 6000+ publishers
  • Define your Scifeed now

SciFeed Share & Cite This Article

MDPI and ACS Style

Braswell, H. From Disability Rights to the Rights of the Dying (and Back Again). Laws 2017, 6, 31.

Show more citation formats Show less citations formats

Note that from the first issue of 2016, MDPI journals use article numbers instead of page numbers. See further details here.

Related Articles

Article Metrics

Article Access Statistics

1

Comments

[Return to top]
Laws EISSN 2075-471X Published by MDPI AG, Basel, Switzerland RSS E-Mail Table of Contents Alert
Back to Top