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LME3701 Assignment 3 (FINAL RESEARCH PORTFOLIO) Semester 1 2023 (678669)

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1. INTRODUCTION Active euthanasia, or assisted suicide, is a hotly debated topic and has, “been a moral, philosophical, legal, theological, cultural and sociological discourse for centuries.1 An undeniably common theme in many of the discourses examined in preparation for this proposal is the desirability of assisted suicide in respect of persons who are terminally ill or have an “intractable or unbearable illness”. 2 An, “Intractable and unbearable illness means a bodily disorder that (1) cannot be cured or successfully palliated, and (2) that causes such severe suffering that death is preferable to continued life”.3 In many countries, such as South Africa, assisted suicide is still unlawful. However, there are at least 11 countries or states, of which the Netherlands is one, that have deemed it appropriate to develop their law in such a way as to legalise assisted suicide.4

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LME3701 Assignment 3
(FINAL RESEARCH
PORTFOLIO) Semester 1
2023 (678669)

, lOMoARcPSD|4861157




A TRUTER
62424041

DYING WITH DIGNITY: A CONSTITUTIONAL CONSIDERATION OF ACTIVE
EUTHANASIA IN SOUTH AFRICA AND THE NETHERLANDS

By




submitted in partial fulfillment of the requirements for the degree

LLB




in the




SCHOOL OF LAW




UNIVERSITY OF SOUTH AFRICA




SUPERVISOR: DR L PIENAAR




(ASSIGNMENT 3 – FINAL PORTFOLIO: UNIQUE NUMBER 774395 )

THEME 2




2019


1

, lOMoARcPSD|4861157




A TRUTER
62424041

WORKING TITLE

Dying with dignity: A constitutional consideration of active euthanasia in
South Africa and the Netherlands

TABLE OF CONTENTS

1. INTRODUCTION ………………………………………………… 3
2. PROBLEM STATEMENT ………………………………………. 4
3. HYPOTHESIS ……………………………………………………. 5
4. POINTS OF DEPARTURE AND ASSUMPTIONS ………….. 6
5. CONCEPTUALIZATION OF CENTRAL RESEARCH
THEMES …………………………………………………………. 7
5.1 ACTIVE EUTHANASIA………………………………………… 7
5.2 ASSISTED SUICIDE…………………………………………… 8
5.3 CONSTITUTIONALISM……………………………………….. 9
5.4 UBUNTU………………………………………………………… 9
5.5 INTERNATIONAL INFLUENCE……………………………… 9
6. PROPOSED CHAPTER OUTLAY …………………………... 10
7. PROJECTED TIME SCALE ………………………………….. 12
8. PROPOSED RESEARCH METHOD ………………………... 13
9. PREPARATORY STUDY …………………………………….. 13
10. CONCLUSION ………………………………………………… 13




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