Prof. Willem Landman, founder and chairman of DignitySA. (Photo: Dignity South Africa/ Facebook)
DignitySA, an organization that campaigns for the change of legislation to give mentally competent adults the option of a “dignified death” should they so choose, has approached the High Court in Pretoria to decriminalize and legalize assisted dying.
The organization argues that the ban is contrary to rights enshrined in the Constitution, including those that protect human dignity and bodily autonomy.
DignitySA also requested the court to ask parliament to introduce the appropriate legislation legalizing assisted dying within two years.
Prof. Willem Landman, founder and chairman of DignitySA, says the organization is asking the court to recognize that a person’s human dignity is seriously reduced when they lose control over the way they die.
Assisted dying is prohibited in South Africa and anyone who provides assistance in this regard can be prosecuted.
Landman defines assisted death as a “medically assisted death” that is either self-inflicted or can be administered by a doctor. This method is strictly controlled by eligibility criteria and robust guarantees.
The case is based on the fundamental rights contained in the Constitution, specifically the rights to human dignity, bodily autonomy, life and liberty.
Landman says the Constitution looks with compassion on those who face horrific deaths “while our current legal tradition does not protect their dignity”.
“We ask the court to recognize that a person’s human dignity is seriously reduced when they lose control over the way they die.”
Sean Davison (left) and Prof. Willem Landman. (Archive photo: Facebook/ DignitySA)
DignitySA seeks to ensure that any person who meets strict criteria – including being mentally competent, suffering from an irreversible condition and making a voluntary request – can gain access to medical assistance to die.
Vuya Ilengou, spokesperson for DignitySA, emphasizes that assisted dying is an essential component of the palliative care continuum.
“While we advocate for the expansion of high-quality palliative care, it cannot always alleviate the suffering that some patients endure,” says Ilengou.
The case follows years of legal preparation and is bolstered by the support of prominent medics who argue that assisted dying, applied responsibly, is consistent with the core principles of medical ethics.
Ilengou says DignitySA is conducting this litigation in the public interest and is trying to secure “the last right” for all South Africans.