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The treatment refused in an advance directive under US law, because of the 1991 PSDA, does not have to be proved to be "medically futile" under some existing due-process procedure developed under state laws, such as TADA in Texas.As euthanasia is a health issue, under the Australian constitution this falls to state governments to legislate and manage.
Appel has suggested that the right to die is a test for the overall freedom of a given society.
The 1991 Patient Self-Determination Act passed by the US Congress at the request of the financial arm of Medicare does permit elderly Medicare/Medicaid patients (and by implication, all "terminal" patients) to prepare an advance directive in which they elect or choose to refuse life-extending and/or life-saving treatments as a means of shortening their lives to shorten their suffering unto certain death.
The Netherlands legalized voluntary euthanasia in 2002.
Under current Dutch law, euthanasia and assisted suicide can only be performed by doctors, and that is only legal in cases of "hopeless and unbearable" suffering.
As of August 2011 a British Columbia Supreme Court judge had been requested to speed up a right-to die lawsuit so that Gloria Taylor could have a doctor assist her in committing suicide. On 6 February 2015 the Supreme Court of Canada ruled that denying the right to assisted suicide is unconstitutional.
The court's ruling limits physician-assisted suicides to "a competent adult person who clearly consents to the termination of life and has a grievous and irremediable medical condition, including an illness, disease or disability, that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition." The ruling was suspended for 12 months to allow the Canadian parliament to draft a new, constitutional law to replace the existing one.
A court in the American state of Montana for example, has found that the right to die applies to those with life-threatening medical conditions.
Suicide advocate Ludwig Minelli, euthanasia expert Sean W. Appel, in contrast, argue that all competent people have a right to end their own lives.
The right to die is a concept based on the opinion that a human being is entitled to end their life or undergo voluntary euthanasia.
Possession of this right is often understood that a person with a terminal illness, or without the will to continue living, should be allowed to end their own life, use assisted suicide, or to decline life-prolonging treatment.