It’s about a difficult ethical question: It’s Parliament’s turn to create a framework for “self-determined dying” with conditions for suicidal people and doctors.
A good three years after a groundbreaking judgment, the Bundestag is to vote on draft legislation on euthanasia in Germany. Two groups of deputies have submitted proposals for regulation, which are to be decided on without group guidelines.
One proposal aims to allow doctors to prescribe drugs for suicide under certain conditions. The other proposal provides for a basic criminal liability, but with regulated exceptions. In both drafts, such aid should only be possible for adults. Deadlines and advisory duties are also provided for.
The background to this is a judgment by the Federal Constitutional Court in early 2020, which overturned a ban on commercial euthanasia in the Criminal Code that had existed since 2015 – because it violated the individual’s right to self-determined dying. “Business-like” has nothing to do with money, but means “designed to be repeated”. The judges argued that the right to a self-determined death also includes the freedom to take one’s own life and to resort to the voluntary help of third parties. The judgment opened a door for organized offers – but expressly also with regulatory options such as advisory duties and waiting periods.
The liberal initiative
A group led by MPs Renate Künast (Greens) and Katrin Helling-Plahr (FDP) is proposing a “law to protect the right to self-determined dying and to regulate assisted suicide”. Two groups of MPs had joined forces for this. The draft says: “Anyone who wants to end their life by themselves out of autonomously formed, free will has the right to ask for help.” Doctors would then be allowed to prescribe drugs for adults – under conditions outside of criminal law.
Such funds should be prescribed at the earliest three weeks and at most twelve weeks after a specified open-ended consultation. There should be a certificate for the consultations. A hardship regulation is planned if those who want to commit suicide are in an “existential state of suffering with persistent symptoms” that permanently affect their lifestyle. Then doctors should be able to prescribe medicines without a certificate of consultation if a second doctor also thinks so.
The stricter initiative
A group led by Lars Castellucci (SPD) and Ansgar Heveling (CDU) is proposing a “law making commercial assisted suicide a punishable offense and ensuring that the decision to commit suicide is a matter of personal responsibility”. According to the penal code: “Anyone who, with the intention of promoting the suicide of another person, grants, procures or mediates the opportunity to do so in a commercial manner will be punished with imprisonment for up to three years or a fine.” However, exceptions are regulated.
“Promotional acts” should not be unlawful if “the person who has decided to commit suicide is of legal age and capable of understanding”. In addition, it should be determined that she “does not have any mental illness that impairs autonomous decision-making” and that the wish to die “is of a voluntary, serious and permanent nature”. This should be assessed by a specialist in psychiatry and psychotherapy at two appointments at least three months apart. A comprehensive, open-ended consultation with another doctor should also be specified.
The vote
The chances of success of the two proposals were uncertain in advance. Both groups have gathered supporters and campaigned for more MPs. Health Minister Karl Lauterbach (SPD) had signaled in advance that he would support the draft of the Helling-Plahr/Künast group as a member of parliament. According to the Bundestag, the draft by the group around Castellucci should be voted on first in the plenary session, as it would be the most far-reaching. A simple majority of the votes cast is required. If the first draft is accepted, there will be no vote on the second draft. It is also possible that neither of the two drafts will be accepted.
The critic
The Bundestag received a lot of criticism from experts. The Patient Protection Foundation called on the MPs to vote no for both drafts. “The draft laws unintentionally legitimize euthanasia practices in Germany,” said the foundation’s board member, Eugen Brysch, to the editorial network Germany (RND). The managing director of the German Society for Palliative Medicine told the Funke newspapers that it was not wise to subject young people in a depressive phase and terminally ill old people to the same regulations. Diakonie President Ulrich Lilie called in the “Augsburger Allgemeine” to first ensure nationwide palliative care with a prevention law and to improve psychosocial care in crises.
The current legal framework
Irrespective of a possible new regulation, legal rules already exist. For example, doctors are forbidden from “killing on request” even if they expressly and seriously request it, as stated in a basic explanation from the German Medical Association. However, “treatment limitations” may be warranted in certain situations. For example, an “obvious process of dying” should not be artificially prolonged by therapies. In addition, dying may be made possible by omitting, limiting or ending treatment if this corresponds to the patient’s wishes.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
