Column
Comment
4 min read

There’s more than one way to lose our humanity

How we treat immigrants and how AI might treat humans weighs on the mind of George Pitcher.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A grey multi-story accommodation barge floats beside a dock.
The Bibby Stockholm accommodation barge in Portland Harbour.
shley Smith, CC BY-SA 4.0 , via Wikimedia Commons.

“The greatness of humanity,” said Mahatma Gandhi, “is not in being human, but in being humane.” At first glance, this is something of a truism. But actually Gandhi neatly elides the two meanings of humanity in this tight little phrase. 

Humanity means both the created order that we know as the human race and its capacity for self-sacrificial love and compassion. In the Christian tradition, we celebrate at Christmas what we call the incarnation – the divine sharing of the human experience in the birth of the Christ child.  

Our God shares our humanity and in doing so, shows his humanity in the form of a universal and unconditional love for his people. So, it’s an act both for humanity and of humanity. 

This Christmas, there are two very public issues in which humanity has gone missing in both senses. And it’s as well to acknowledge them as we approach the feast. That’s in part a confessional act; where we identify a loss of humanity, in both its definitions, we can resolve to do something about it. Christmas is a good time to do that. 

The first is our loss of humanity in the framing of legislation to end illegal immigration to the UK. The second is the absence of humanity in the development of artificial intelligence. The former is about political acts that are inhumane and the latter goes to the nature of what it is to be human. 

We have literally lost a human to our inhumanity, hanged in a floating communal bathroom. It’s enough to make us look away from the crib, shamed rather than affirmed in our humanity. 

There is a cynical political line that the principal intention of the government’s Safety of Rwanda (Asylum and Immigration) Bill, voted through the House of Commons this week, is humane, in that it’s aimed at stopping the loss of life among migrants exploited by criminal gangs. But it commodifies human beings, turning them into cargo to be exported elsewhere. That may not be a crime – the law has yet to be tested – but it is at least an offence against humanity. 

Where humanity, meaning what it is to be human, is sapped, hope withers into despair. When a human being is treated as so much freight, its value not only diminishes objectively but so does its self-worth. The suicide of an asylum seeker on the detention barge Bibby Stockholm in Portland Harbour is a consequence of depreciated humanity. Not that we can expect to hear any official contrition for that. 

To paraphrase Gandhi, when we cease to be humane we lose our humanity. And we have literally lost a human to our inhumanity, hanged in a floating communal bathroom. It’s enough to make us look away from the crib, shamed rather than affirmed in our humanity. 

That’s inhumanity in the sense of being inhumane. Turning now to humanity in the sense of what it means to be human, we’re faced with the prospect of artificial intelligence which not only replicates but replaces human thought and function.  

To be truly God-like, AI would need to allow itself to suffer and to die on humanity’s part. 

The rumoured cause of the ousting of CEO Sam Altman last month from OpenAI (before his hasty reinstatement just five days later) was his involvement in a shadowy project called Q-star, GPT-5 technology that is said to push dangerously into the territory of human intelligence. 

But AI’s central liability is that it lacks humanity. It is literally inhuman, rather than inhumane. We should take no comfort in that because that’s exactly where its peril lies. Consciousness is a defining factor of humanity. AI doesn’t have it and that’s what makes it so dangerous. 

 To “think” infinitely quicker across unlimited data and imitate the best of human creativity, all without knowing that it’s doing so, is a daunting technology. It begins to look like a future in which humanity becomes subservient to its technology – and that’s indeed dystopian. 

But we risk missing a point when our technology meets our theology. It’s often said that AI has the potential to take on God-like qualities. This relates to the prospect of its supposed omniscience. Another way of putting that is that it has the potential to be all-powerful. 

The trouble with that argument is that it takes no account of the divine quality of being all-loving too, which in its inhumanity AI cannot hope to replicate. In the Christmastide incarnation, God (as Emmanuel, or “God with us”) comes to serve, not to be served. If you’ll excuse the pun, you won’t find that mission on a computer server. 

Furthermore, to be truly God-like, AI would need to allow itself to suffer and to die on humanity’s part, albeit to defeat its death in a salvific way. Sorry, but that isn’t going to happen. We must be careful with AI precisely because it’s inhuman, not because it’s too human. 

Part of what we celebrate at Christmas is our humanity and, in doing so, we may re-locate it. We need to do that if we are to treat refugees with humanity and to re-affirm that humanity’s intelligence is anything but artificial. Merry Christmas. 

Article
Assisted dying
Comment
Politics
7 min read

Assisted dying hasn’t resolved Swiss end of life debates

Despite attempts to normalise it, new challenges still arise.

Markus is Professor of Moral Theology and Ethics at the University of Fribourg, Switzerland.

A single bed, wiith an unmade colourful duvet stands in the corner of a room. A hoist reaches over it from the corner.
The dying room, Dignitas Clinic, Zurich.
Dignitas.

While countries such as Germany, France or the UK are currently struggling to find a suitable regulation for assisted suicide, their peers in the Netherlands, Canada and Switzerland have years of experience with the controversial medical practice. Even if each state must explore its own ways of dealing with these ethically controversial issues, it is obvious that international experience should not be ignored as they try to find a way forward.  

In Switzerland the discussions and challenges surrounding assisted suicide are increasing rather than decreasing. Contrary to the idea that a liberalisation of assisted suicide would lead to fewer debate, tensions and difficulties are increasing.  My observation, and thesis, indicates that practices such as assisted suicide cannot be “normalised”, even in the medium and long term. 

Developments 

In recent years, one to two per cent of all deaths in Switzerland were due to assisted suicide.  From an overall perspective, this practice is therefore still a marginal phenomenon. However, a look at the total number of assisted suicides per year gives a different impression, as this has increased more than fivefold in the years between 2008 and 2020, from an initial 253 to 1,251 deaths per year, a rising trend. The cause of death statistics for Switzerland only include those cases of assisted suicide in which persons resident in Switzerland were involved and the death was reported to the authorities. According to the Swiss Federal Statistical Office, in 2020, it was mainly people over the age of 64 who made use of assisted suicide. Detailed information on the underlying illnesses of the people affected in 2018 shows that about 40 per cent were affected by cancer, just under 12 per cent by diseases of the nervous system, a further 12 per cent by cardiovascular diseases and just over a third by other illnesses, including dementia and depression. There are currently seven right-to-die organisations in Switzerland which play a leading role in a typical assisted suicide procedure. They work closely with doctors who are prepared to prescribe a lethal drug, generally Pentobarbital. The data reflects an ambivalent picture: on the one hand, the proportion of assisted suicide cases is relatively low in relation to all deaths and, for example, in comparison to the large number of people who die in Switzerland in a state of deep sedation until death; on the other hand, the number of assisted suicides in Switzerland has risen sharply in recent years.  

Perceptions and assessments 

Since the 1990s, the public perception and assessment of assisted suicide in Swiss society has changed from an initially cautious and sceptical attitude towards broad acceptance. While the debates in other countries are characterised by relatively sharp controversies between those in favour and those against, public discourse in Switzerland has been less polarised. There are indications of a certain normalisation of the situation, the strongest sign is that Switzerland has so far refrained from regulating assisted suicide in a separate law. The results of a recently-published study on the opinions of Swiss people over the age of 55 regarding assisted suicide confirm these impressions.: The survey showed that over four-fifths of respondents support legal assisted suicide, almost two-thirds can imagine asking for assisted suicide themselves at some point, and that almost one-third are considering becoming members of an right-to-die organisation in the near future, with one-twentieth of respondents already being members at the time of the survey in 2015. Among people with a higher level of education and older people aged between 65 and 74, approval of assisted suicide and corresponding practices was higher than among less educated, younger and very old people; approval was also significantly lower among religious practitioners. 

Sensitive topics  

The fact that assisted suicide enjoys broad support in Swiss society as a whole does not mean that there are not difficult and controversial aspects relating to its practice. Relevant topics include, in particular, places of death, authorisation criteria and procedures. 

Places of death: Assisted suicide is permitted also for mentally ill persons in psychiatric clinics, but the federal court recommends great caution here and requires two psychiatric expert opinions to ensure that the person willing to die is capable of judgement with regard to the desire to commit suicide. Although assisted suicide for children and adolescents has hardly been an issue in Switzerland to date, the corresponding debates are currently being held in Canada and elsewhere. The question of whether people in prison also have a right to make use of assisted suicide, has been the subject of intense debate in Switzerland for years, with a generally positive response. The question of whether right-to-die organisations should be given access to acute hospitals and nursing homes is still the subject of controversial debate, with regulations varying from hospital to hospital, nursing home to nursing home 

Authorisation criteria: With regard to the admission criteria for persons willing to die, the capacity for judgement is at the centre of attention: while the importance of the criterion is undisputed in itself, there is a struggle for reliable standards and procedures to reliably test this criterion. Since the publication of the SAMS ethical guidelines Management of Dying and Death in 2018, the criterion for end of life and, depending on this, that of unbearable suffering have received new attention due to an objection by the Swiss Medical AssociationFMH. While the guidelines are based on the criterion of unbearable suffering, the FMH wants to stick to the near end of life. It is certainly difficult to diagnose the existence of unbearable suffering, as the international debate on the significance and assessment of existential (neither physical nor psychological) suffering shows. This difficulty is illustrated by the debate that has been going on for several years in Switzerland about so-called old-age suicide and the inherent criterion of tiredness of life. At the centre of the dispute is the legally difficult question of whether a doctor is also allowed to prescribe a lethal drug to a healthy person. 

Procedures: Here the role of the medical profession and right to die organisations is by far the most important issue. In contrast to the physician-centred models in Belgium, Canada and the Netherlands, the Swiss model of assisted suicide is based on the idea that every person has the right to end their life and may call on the help of any other person to do so. Although the medical profession is usually involved in the process, the management of the procedure is normally the responsibility of a right-to-die organisation. This division of responsibilities is always up for debate when legal regulations are being considered, in which doctors should tend to take the lead in the process due to their professional background. There is also a debate about how and by whom compliance with the authorisation criteria should or could be monitored, whereby it remains to be decided whether this should be carried out before or after the death. At present, a certain amount of monitoring takes place following a suicide, insofar as the authorities investigate the cases afterwards. There is also debate as to whether Pentobarbital is a suitable means of suicide, especially if this barbiturate is not administered intravenously but taken orally; there is no knowledge of how many cases are currently administered intravenously and by whom an infusion is then set up. Last but not least, consideration has already been given to the use of lethal drugs, such as helium gas, which can be obtained over the counter. 

Attempts at regulation 

Political efforts to regulate assisted suicide in Switzerland in a more nuanced way than today have been made since the 1990s but have remain largely without consequences to date. In relevant judgements by the Federal Supreme Court or in statements by the Federal Department of Justice and Police, reference is regularly made to the ethical guidelines of the SAMS. These are classified as soft law and are therefore not legally binding, even though their content has become the subject of dispute. The National Advisory Commission on Biomedical Ethics (NCE) had already recommended more far-reaching legal regulation in 2005 as part of a detailed opinion on the subject; in the opinion of the NCE at the time, the review of authorisation criteria, a justifiable regulation of assisted suicide for the mentally ill, children and adolescents and state supervision of right-to-die organisations, should be ensured by law. The question is what form a legal regulation can take that grants the medical profession far-reaching powers but at the same time prevents medical paternalism (in favour of or against assisted suicide). From the perspective of Swiss experience, this is “a square circle”: either the doctors retain the final decision on who receives the barbiturate, or official access rules are established, the review of which does not generally require medical expertise. 

The outlook

In the short and medium term, it can be assumed that the number of assisted suicides in Switzerland will continue to rise. The coronavirus pandemic and the particular difficulties faced by nursing homes during this time are likely to exacerbate this increase. In view of these expectations and the legislative processes in other European countries, pressure is likely to increase in Switzerland to create a legal regulation. Overall, I think politically it will be important to create a legal regulation, in order to ensure legal equality and legal certainty on the one hand and prevention of abuse and expansion on the other. At the centre of social-ethical reflection is the challenge of learning to deal with the pluralism of different ideas of a good death and to develop and establish alternative models to medically assisted dying. The thesis I mentioned at the beginning is confirmed today: assisted suicide in Switzerland can hardly be normalised; new problems, challenges and demands are constantly arising. Suicide, whether with or without the help of another person, always means an existential transgression that defies normalisation.