Dignity in Death: A Comparative Account of the United States, Canada, and the Netherlands

Abstract

Dignity is held up by many countries as a foundational legal norm. But nations which share this norm apply it in contradictory ways. This article explores how the United States, Canada, and the Netherlands have constructed and expressed different conceptions of dignity in the context of medical assistance in dying. At a structural level, differing conceptions of dignity are reflected in unique approaches to constitutional interpretation and federalism in each jurisdiction. Further, each jurisdiction has different sets of actors who express and advocate for their own conceptions of dignity and have played different roles in the development of MAID policy. Differing conceptions of dignity are also reflected in the religion, public opinion, and political history of each jurisdiction. The seemingly incoherent approaches to dignity across jurisdictions are reflective of constitutional structures and actors, which contribute to internally consistent — albeit contested — conceptions of dignity.