Title: Dying in dignity: the place of euthanasia in Kenya's legal system

Authors: Metrine Jepchirchir Kurutto; Michael Wabomba Masinde

Addresses: School of Law, Moi University, P.O. Box 3900-30100, Eldoret, Kenya ' School of Law, Moi University, P.O. Box 3900-30100, Eldoret, Kenya

Abstract: This paper seeks to interrogate the place of euthanasia suicide in Kenya's legal framework. Euthanasia raises medical, legal, moral and ethical issues. One of the major ethical issues surrounding euthanasia concerns the value attached to human life - the sole objective of human existence requiring all clinical practices to comply with this objective, which is grounded in the religious belief that life is God given and no one has the right to take it away. Opponents also argue that individual autonomy should not be allowed to dictate the social policy regarding euthanasia. Proponents of euthanasia fashion their argument around quality or dignified life, saying that when the quality of life falls below the threshold of dignity, a person has a right to die. This work will analyse the various arguments put by proponents and opponents alike and ultimately interrogate the viability of euthanasia as an idea under Kenya's legal system.

Keywords: voluntary euthanasia; non-voluntary euthanasia; passive euthanasia; indirect euthanasia: right to life; Kenya; dignity in dying; legal systems; law; ethical issues; ethics; religious belief; individual autonomy; social policy; quality of life; right to die.

DOI: 10.1504/IJHRCS.2016.078298

International Journal of Human Rights and Constitutional Studies, 2016 Vol.4 No.2, pp.166 - 175

Received: 04 Mar 2016
Accepted: 05 Mar 2016

Published online: 10 Aug 2016 *

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