ABSTRACT

This chapter looks at the concept of autonomy and its relation to the concept of consent. It emerges that the concept of autonomy is more complex than is often assumed and that it readily gives rise to confusion. More importantly, the chapter presents attempts to justify either voluntary euthanasia or physician-assisted suicide in the name of patient autonomy are fundamentally misconceived. Like patients with cancer, those with cardiorespiratory or renal failure and with AIDS are mostly competent and can indicate their wish to have no further treatment. The law is clear that the doctor must comply with such a preference, which is in effect a refusal of consent for continued treatment. Many courts in the United States and the United Kingdom have explicitly stated this. The question is how to ensure that incompetent patients can have their autonomy respected and do not have treatment that they would have been likely to refuse had they been competent.