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Euthanasia Reconsidered—The Choice of Death as an Aspect of the Right of Privacy

Abstract

This Article begins with an evaluation of the thesis that decisions relating to death, like those relating to birth, sex, and marriage, are deserving of constitutional protection by virtue of the right of privacy. Concluding that they are, the Article ventures an analysis of the parameters of such a right. Since privacy, like other individual rights protected by the Constitution, is a limited rather than an absolute right, and is thus capable of being overridden by state interests, a number of interests which have been asserted against a right to die are evaluated. Although it is concluded that many of these are insufficient to meet the compelling interest standard applied in recent privacy decisions, others  appear more substantial. These latter interests may, in certain circumstances, circumscribe the interest of the person who elects death.

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17 Ariz. L. Rev. 474 (1975)

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