ALS assisted suicide sparks conversations about disability rights in Japan

In August, two Japanese doctors were arrested for murder. They had allegedly performed an assisted suicide on a 51-year-old woman from Kyoto who had been suffering from amyotrophic lateral sclerosis (ALS), which has no cure or treatments. The two doctors claimed to have had their consent. Investigations reveal that the woman discussed options and payment for the suicide with them through Twitter private messages in the year leading up to it.

Japan’s attitude towards right-to-die approach

Presently, euthanasia is not legally recognized in Japan. Despite dealing with an increasingly aging population, topics such as assisted suicide or even withholding life-prolonging treatment are still being debated. There have been some moves by lawmakers to make progress in this area. A 2018 attempt to create new legislation including procedures to confirm a patient’s intentions is one example.

However, there has also been opposition. Disability rights’ groups are concerned that such laws could mean treatment being held against the patient’s desires. They have also opposed laws regarding living wills, which are also not legally recognized in Japan, fearing that such laws could be a step towards legalized euthanasia. Moreover, cultural values are also part of the issue. In Japan, families have traditionally taken care of their elderly members. Therefore, this makes some people reluctant to deny life-prolonging treatment.

Disability rights recognized only recently in Japan

In addition to Japan’s greying population, it is important to understand Japanese attitudes towards people with disabilities as part of the euthanasia debate. Traditionally, there has been severe discrimination against people with disabilities. Disabilities have been seen as a source of immense shame. In extreme cases, families prevent their disabled members from being seen in public. Thousands of people with genetic disorders were forcibly sterilized under the Eugenic Protection Act from 1948 to 1996.

Generally speaking, there has been some progress made for disability rights. In 2014, Japan ratified the United Nations Convention on the Rights of Persons with Disabilities. However, it was the 140th nation to do so. The CRPD bans all discrimination against people with disabilities and emphasizes the need for reasonable accommodations for them. There has been a push to hire more employees with disabilities for government positions, though many agencies have fallen short of their goals. What’s more, some government agencies were even found to be artificially padding the numbers of disabled workers they have hired.

Debate continues for more inclusive society

The head of the Kansai chapter of The Japan ALS Association, Hideaki Masuda, gave an interview to The Sankei News regarding the recent news of the assisted suicide in Kyoto. Masuda states that discrimination is a big part of what makes disabled or terminally ill patients want to choose euthanasia. He wants to see a more supportive society for such people, one that emphasizes to them that it is good to continue living.

The debate surrounding assisted suicide in Japan is at least partially a reflection of attitudes towards both end of life care and disabilities. None of these issues can be easily resolved. Nevertheless, any discussion regarding them may have to take into account cultural factors and an effort to create supportive environments for those involved.