Continental Europe

Germany has had no penalty for the action since 1751, although it rarely happens there due to the hangover taboo caused by Nazi mass murders, plus powerful, contemporary, church influences. Direct killing by euthanasia is a crime. In 2000 a German appeal court cleared a Swiss clergyman of assisted suicide because there was no such offence, but convicted him of bringing the drugs into the country. There was no imprisonment.

France does not have a specific law banning assisted suicide, but such a case could be prosecuted under 223-6 of the Penal Code for failure to assist a person in danger. Convictions are rare and punishments minor. France bans all publications that advise on suicide - 'Final Exit' has been banned since l991 but few nowadays take any notice of the order. Denmark has no specific law banning assisted suicide. In Italy the action is legally forbidden.

Four European countries today openly, legally, authorize assisted dying of terminal patients at their request:

  1. Switzerland (1941)
  2. Belgium (2002)
  3. Netherlands (as well as voluntary euthanasia, lawfully since April 2002, but permitted by the courts since 1984).
  4. Luxembourg (2008)

Two doctors must be involved in Belgium, and the Netherlands, plus a psychologist if there are doubts about the patient's competency. But that is not stipulated in Switzerland, although at least a doctor usually is because the right-to-die societies insist on medical certification of terminality before assisting.

Belgium and the Netherlands permit voluntary euthanasia, but Switzerland bans death by injection, and all have 'residents only' rules, except Switzerland which alone does not bar foreigners provided they are critically, terminally ill. In 2001 the Swiss National Council confirmed the assisted suicide law but kept the prohibition of euthanasia.

All three right-to-die organizations in Switzerland help terminally ill people to die by providing counselling and lethal drugs. Police are always informed. But only one group, DIGNITAS, in Zurich, will accept foreigners who are either terminal, or severely mentally ill, or clinically depressed beyond treatment. (Note: Both Dutch and Belgian euthanasia laws have caveats permitting assisted suicide for the mentally ill in rare and incurable cases.)



Source: ERGO Web Site
08 May 2008

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