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First Nations Perspectives in Law-Making About Voluntary Assisted Dying
Sophie Lewis1, Lindy Willmott2, Ben P White3
1Senior Lecturer, Sydney School of Health Sciences, University of Sydney, Camperdown, New South Wales.
Australian voluntary assisted dying laws are expanding, but First Nations peoples' perspectives were inconsistently included in law reform. Engagement was significantly higher in Western Australia than Victoria, highlighting the need for meaningful Indigenous consultation in future legislation.
Area of Science:
- Sociology
- Law
- Indigenous Studies
Background:
- Voluntary assisted dying (VAD) laws are enacted across all Australian states.
- Limited research exists on the impact of VAD laws on First Nations peoples.
- Indigenous perspectives have been largely overlooked in VAD legislative development.
Purpose of the Study:
- To critically analyze the engagement with Indigenous perspectives during VAD law reform in Victoria and Western Australia.
- To assess the extent to which First Nations peoples' experiences informed VAD legislation.
- To identify factors influencing the inclusion of Indigenous voices in Australian law reform.
Main Methods:
- Qualitative analysis of law reform processes in Victoria and Western Australia.
- Examination of Indigenous organizational and individual engagement with VAD legislation.
- Comparative analysis of engagement levels between the two states.
Main Results:
- Indigenous organizations and individuals demonstrated sophisticated engagement with VAD issues.
- Engagement with Indigenous views was substantially greater in Western Australia compared to Victoria.
- A critical need exists to avoid universalizing Indigenous perspectives due to diverse experiences.
Conclusions:
- Meaningful inclusion of Indigenous voices requires tailored engagement strategies.
- Future Australian law reform must prioritize robust consultation with First Nations peoples.
- Understanding and incorporating diverse Indigenous perspectives is crucial for equitable legislation.
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