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Austria court rules assisted suicide must be legalised

Austria's constitutional court ruled on Friday that the country was violating fundamental rights in ruling assisted suicide illegal and ordered the government to lift the ban in 2021.

Published: 12 December 2020 09:06 CET

Austria court rules assisted suicide must be legalised

Austria's Constitutional Court in Vienna. Photo: Haeferl/Wikimedia Commons

Several individuals — including two terminally ill people and a doctor — had brought the case before the court, demanding a ruling in the staunchly Catholic EU state.

“The decision consciously to take one's own life must be respected by the legislator,” court president Christoph Grabenwarter told reporters, while stressing the choice had to be made “freely, without any outside influence”.

Currently, assisted dying is punishable by up to five years in prison.

Austria's ruling conservative-green coalition government had called for existing legislation banning assisted suicide to be maintained, citing “potential abuses” if it were legalised.

Protagonists of legalisation say a ban encroaches on religious freedom to the extent it is based on Christian ethical considerations.

Elsewhere in Europe, euthanasia is legal in the Netherlands and Belgium but traditionally Catholic states such as Ireland and Poland are holding out against liberalisation.

Member comments

bob_469843 - 12 December 2020 at 14:55 CET

“Protagonists of legalisation” – I think you meant “proponents”.

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A person in a medical coat holds hands with another

Euthanasia and assisted suicide might be spoken of in the same breath, but they are quite different. Here's what you need to know. Photo by Matheus Ferrero on Unsplash

The terms assisted suicide, assisted dying and euthanasia are often used interchangeably – even by media and politicians covering the matter.

There are however some key differences, both in terms of the legal situation and the practice itself.

Assisted suicide is where a medical professional, usually a doctor but sometimes a pharmacist or other specialist, provides some form of medication to assist a patient as they commit suicide.

EXPLAINED: How foreigners can access assisted suicide in Switzerland

Crucially, it is the patient who takes the final step, i.e. by taking a medication or by pressing a switch through which the medication is administered.

Euthanasia on the other hand is where the medication which ends someone’s life is administered by a doctor or medical professional.

Euthanasia is sometimes known as voluntary euthanasia, which references the fact that the patient volunteers for the process by providing consent.

Other forms of medical intervention which lead to death – for instance turning off life support for someone who has been in a long-term coma – do not fit within the definition of voluntary euthanasia.

The term ‘assisted dying’ is used as a grouping term to refer to both assisted suicide and euthanasia, although media sources – particularly in the United Kingdom – often use assisted dying when referring primarily to assisted suicide.

What are the rules for assisted suicide and euthanasia in Switzerland?

The law in Switzerland recognises the distinction between assisted suicide and euthanasia.

Euthanasia is not permitted under law in Switzerland, while assisted suicide is allowed for both locals and foreigners.

While article 115 of the Swiss penal code prohibits assisted suicide for “self-serving reasons” and article 114 prohibits “causing the death” of a person for “commendable motives, and in particular out of compassion for the victim”, assisted suicide for non-selfish reasons is not specifically prohibited as long as certain conditions are met.

The Swiss supreme court has ruled the following: people must commit suicide by their own hand, for example, by taking medication themselves. A doctor cannot administer a lethal injection without being liable for criminal prosecution.

People must also be aware of actions they are undertaking and have given due consideration to their situation. In addition, they be consistently sure they wish to die, and, of course, not be under the influence of another person, or group of persons.

READ MORE: What you need to know about assisted suicide in Switzerland

Several other jurisdictions across Europe and the globe also make a legal distinction between the two, although euthanasia is legal in some countries including the Netherlands, Belgium, Luxembourg and Columbia.

What is the medical procedure involved?

Most Swiss associations request that patients drink sodium pentobarbital, a sedative that in strong enough doses causes the heart muscle to stop beating.

Since the substance is alkaline, it burns a bit when swallowed.

A professional prepares the needle, but it is up to the patient to open the valve that allows the short-acting barbiturate to mix with a saline solution and begin flowing into their vein.

A video is shot of the patient stating their name, date of birth and that they understand what they are about to do. The camera keeps rolling as they open the valve and the footage is used as evidence that they willingly took their own life.

It usually takes about 20 to 30 seconds for the patient to fall asleep.

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