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Clarke v Hurst
''Clarke v Hurst NO and Others''〔1992 (4) SA 630 (D).〕 is an important case in South African law, with significant ramifications for the legal status of euthanasia. It was heard and decided by Thirion J in the Durban and Coast Local Division on July 30, 1992, and is distinguished from ''S v Hartmann'' not only in that it was a civil rather than a criminal matter, but also by the court's divergent finding.
== Facts ==
Dr Frederick Cyril Clarke was a life member of the SA Voluntary Euthanasia Society. In 1988, he suffered cardiac arrest and was reduced to a vegetative state. Dr Clarke had signed a living will, requesting of his family and physician that, in the event of there being no reasonable expectation of his recovery from an extreme physical or mental disability, he be allowed to die rather than live by artificial means. His wife duly applied to be appointed his ''curatrix personae'', with the power, even were this to result in his death, to authorise the discontinuance of his treatment.
The Attorney-General opposed the application, arguing that Mrs Clarke was effectively asking for a declaratory order to end a life, and declined to undertake not to prosecute if this should transpire.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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