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Is assisted dying a treatment?

Gareth S Owen1, Maria Koniarz2, Alex Ruck Keene3

  • 1Professsor of Psychological Medicine, Ethics and Law, Department of Psychological Medicine, Institute of Psychiatry, Psychology and Neuroscience, King's College London, United Kingdom.

International Journal of Law and Psychiatry
|February 8, 2026
PubMed
Summary
This summary is machine-generated.

Assisted dying (AD) is not consistently defined in law. This study argues AD should not be classified as a treatment, despite some laws and guidance suggesting otherwise, to improve clarity and policy.

Keywords:
Assisted dyingAssisted suicideConsentEuthanasiaMedical aid in dyingMental capacityTreatment

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Area of Science:

  • Bioethics
  • Medical Law
  • Public Health Policy

Background:

  • The legal and ethical classification of assisted dying (AD) remains a complex issue.
  • International statutes and government guidance vary in how they characterize the AD decision.
  • Understanding the nature of the AD decision is crucial for mental capacity assessments.

Purpose of the Study:

  • To analyze the characterization of the assisted dying (AD) decision in international statutes and government guidance.
  • To normatively assess whether AD should be classified as a treatment from clinical ethics and legal perspectives.
  • To provide recommendations for a clearer characterization of the AD decision for future policy research.

Main Methods:

  • Analysis of international assisted dying (AD) statutes and relevant government guidance.
  • Normative ethical analysis from clinical and legal viewpoints, including informed consent and healthcare law.
  • Comparative legal review of AD legislation across different jurisdictions.

Main Results:

  • Assisted dying (AD) is variably characterized across international laws; 10 out of 32 statutes frame it as healthcare or treatment.
  • In ambiguous cases (14 out of 32 statutes), government guidance often leans towards a treatment characterization.
  • A significant portion of legal frameworks and guidance do not consistently define AD's nature.

Conclusions:

  • Assisted dying (AD) should not be classified as a treatment due to clinical intelligibility, legal coherence, and potential policy implications.
  • A clearer characterization of the AD decision is needed to inform future policy and research.
  • Recommendations are proposed for improving the classification of the AD decision in legal and policy contexts.