A Conversation on Feminism, Ableism, and Medical Assistance in Dying

Author:

Grant Isabel,Benedet Janine,Sheehy Elizabeth,Frazee Catherine

Abstract

This article explores the recent expansion of Medical Assistance in Dying (MAiD) in Canada and its negative implications for women with disabilities. In 2021, the government extended MAiD to people with disabilities who are not dying, which the authors contend is a modern form of eugenics. Structured as a conversation and deploying a systemic, equality-based feminist analysis, the article tracks the shifts in scope and justification for MAiD through judicial and legislative developments, the overwhelming opposition by organizations representing people with disabilities, and the failure of feminist organizations to support their disabled sisters. The authors articulate a feminist response to the expansion of MAiD to address this troubling silence. After Isabel Grant sets out the foundations of Track 2 MAiD, Janine Benedet develops a critique of the concepts of autonomy, choice, and privacy as used by MAiD expansionists to justify these premature deaths. Elizabeth Sheehy explores some of the structural issues that affect the impetus for MAiD: women’s poverty, the medical profession, the gendered nature of caregiving, and men’s violence. Isabel Grant demonstrates the particular dangers for women of the extension of MAiD on the basis of mental illness, as evidenced by data from other countries. Catherine Frazee describes what a truly intersectional feminist approach to MAiD demands of more privileged feminists and concludes the conversation with a call for feminist solidarity.

Publisher

University of Toronto Press Inc. (UTPress)

Subject

Law,Sociology and Political Science,Gender Studies

Reference170 articles.

1. Carter v Canada, 2015 SCC 5 [Carter SCC].

2. Bill C-14, An Act to Amend the Criminal Code and to Make Related Amendments to Other Acts (Medical Assistance in Dying), 1st Sess, 42nd Parl, 2016 (as passed by the House of Commons 17 June 2016).

3. Canada, Department of Justice, Legislative Background: Medical Assistance in Dying (Bill C-14, as Assented to on 17 June 2016) (Ottawa: Department of Justice, 23 January 2017), part 1

4. See Bill C-7, An Act to Amend the Criminal Code (Medical Assistance in Dying), 2nd Sess, 43rd Parl, 2021 (as passed by the House of Commons 17 March 2021).

5. See Truchon v Canada (Attorney General), 2019 QCCS 3792 [Truchon]. Prior to Truchon, other cases have extended the meaning of reasonably foreseeable natural death. For example, in AB v Canada (Attorney General), 2017 ONSC 3759, the judge held that an eighty-year-old woman with osteoarthritis had a reasonably foreseeable natural death in order to qualify her for Track 1. After Carter, but prior to the statutory introduction of a reasonably foreseeable natural death criterion, the Alberta Court of Appeal had also allowed a woman with mental illness to access medical assistance in dying (MAiD). See Canada (Attorney General) v EF, 2016 ABCA 155.

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3