Rectifying ‘Forced Dying’ or Normalising Neglect?

Interrogating the Risks of Assisted Dying Legislation

Ceri Lois Hughes

This article examines the profound legal and ethical paradox at the heart of the

assisted dying debate: whether legalisation rectifies the moral injustice of ‘forced

dying’ or introduces a new, systemic injustice for vulnerable populations. The author

argues that a purely autonomy-based justification for assisted dying is legally and

ethically insufficient, drawing upon Martha Fineman’s vulnerability theory. This

paper conceptualises vulnerability as a universal human condition and shifts the focus

from procedural consent toward institutional responsibility for mitigating structural

determinants. By analysing the phenomenon of ‘mission creep’ and legal

developments and reported concerns surrounding Canada’s Medical Assistance in

Dying (MAiD) regime, the article examines how socio-economic marginalisation and

inadequate palliative care can transform assisted dying from a meaningful choice into

a response to social neglect. Assisted dying legislation can only achieve moral and

legal legitimacy if it is embedded within a justice-oriented framework that proactively

addresses structural inequality and ensures robust social support.

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