From the BBC:
“Germany overturns ban on
professionally assisted suicide”
A five-year-old law banning
professionally assisted suicide has been rejected as unconstitutional by
Germany's top court. The court backed complaints by a group of terminally ill
patients and doctors who challenged the law that made "commercial
promotion of assisted suicide" a criminal offence. Assisted dying had been
legal. But the law change prompted terminally ill people to go to Switzerland
and the Netherlands to end their lives. Advice centres that operated until 2015
had to stop working because of the risk of a jail sentence for promoting
suicide. The law was aimed at stopping groups or individuals creating a form of
business, by helping people to die in return for money. In practice it meant a
ban on providing any type of "recurring" assistance. Medical ethics
expert Gita Neumann, who has provided advice and support for years to people in
their 80s said she knew of no doctor in Germany who had helped with assisted
suicide in the past five years, because of the new clause in the criminal code.
One of the plaintiffs, Dr Matthias Thöns, said that normal palliative work had
become criminalised. However, the head of Germany's palliative medicine
society, Heiner Melching, warned that overturning the ban could open a door to
"self-styled euthanasia assistants".
What the court ruled: The head of Germany's constitutional court,
Andreas Vosskuhle, said on Wednesday that while parliament could pass laws on
preventing suicide and increasing palliative care, it was not entitled to
affect the impunity of assisted suicide. But there remains no legal entitlement
to euthanasia and doctors cannot be required against their will to help provide
assisted suicide. When the law was changed in 2015, lawmakers sought to prevent
assisted dying becoming socially acceptable. Euthanasia in Germany remains
punishable by up to five years in jail. The issues surrounding assisted dying
and euthanasia are particularly sensitive in Germany because of the Nazi campaign
of murder of 300,000 people with mental and physical disabilities. The Nazis
referred to the murders as a "euthanasia programme".
What European countries say about
assisted dying and euthanasia: The
Netherlands, Belgium and Luxembourg permit euthanasia and assisted suicide in
some, strictly regulated circumstances. Switzerland permits assisted suicide if
the person assisting acts unselfishly. Portugal is currently considering plans
to legalise euthanasia
^ This is a step in the right
direction for Germany. The terminally-ill deserve to decide how they die and professionally assisted-suicide can give them that in a
peaceful and pain-free way. I understand Germany's horrific Nazi Euthanasia past (where they murdered thousands upon thousands of innocent men, women and children that didn't want to or ask to die) but that doesn't mean that terminally-ill Germans today should be made to suffer. It does mean that Germany needs to be careful about the protocols and safeguards that they create with regards to professional assisted-suicide so that the doctors aren't forced to go against their own beliefs in the matter and that the patients aren't forced (by family, friends or any groups) to die if they don't want to. ^
https://www.bbc.com/news/world-europe-51643306
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