Almost a year ago the Constitutional Court overturned substantial parts of Section 78 of the Criminal Code, which makes “aiding and abetting suicide” and thus euthanasia a punishable offense. The clock is ticking because the Supreme Court has ruled a transition period until December 31, 2021. If there is no successor arrangement by then, assisted suicide is legal.
A new legal regulation has already taken shape behind the political scenes. The departments of Justice Minister Alma Zadic (Greens) and Constitutional Minister Karoline Edtstadler (VP) are already working on details, it was said yesterday from negotiating circles. The Ministry of Health is also involved because it is also about the question of whether doctors should be allowed to provide assisted euthanasia.
New Death Disposal Act
A death disposition law is to come, which should regulate exactly for whom the legal assisted suicide, i.e. assisted euthanasia, should be considered.
So much has been known: Assisted suicide may only be claimed by people who have to endure severe physical suffering. A death will – it is conceptually similar to the existing living will – would probably have to be signed by the person concerned.
In the case of living wills, those affected declare in writing their will, as future patients, to refuse certain medical treatment, for example life-prolonging measures. They become effective if those affected are incapable of making decisions at the time of treatment. Caritas President Michael Landau demands that hospice and palliative care be guaranteed. Secure funding and a legal right to humane care for the dying are needed.
After the VfGH ruling, religious communities have long been pushing for legal clarification, also to prevent abuse. The Ministry of Justice held a dialogue forum with experts and representatives from various organizations to discuss the different points of view. Their final report was published at the end of June.
“Otherwise it won’t work out”
The Linz university professor and criminal law expert Alois Birklbauer was a member of the dialogue forum. In view of the time pressure, the upcoming draft law will have to go quickly to parliament, “otherwise it won’t work,” said the lawyer. But it is also clear that there will be no review process for this sensitive matter.
As reported, the absolute ban on assisted suicide had brought several victims, including two terminally ill, to the VfGH for examination. The case of one of the applicants was particularly drastic: he had been convicted of a criminal offense for obtaining a gun for his terminally ill partner, with which the woman committed suicide.
The VfGH decided that every person has the “right to a dignified death” in the sense of free self-determination. This also includes the right of a person who wants to commit suicide to seek help from a third party who is prepared to do so.
