Right to a Self-determined Death (available in German and English)
I am convinced that the individual and general right of personality of everybody encompasses a right to an autonomous living and also a self-determined death.
I firmly believe in freedom, respect and dignity and as a last consequence it must include the freedom to take one’s own life and, as the case may be, resort to assistance provided voluntarily by third parties for this purpose. When I talk about third parties - I think of medical, anesthetic, professional, and psychological support by experts - experts like medical practitioner, psychologist, and other experts perhaps also palliative and hospice care.
It should be beyond all question that the consideration and the act of a self-determined death and assisted dying isn’t easy for anybody. When an individual decides to end their own life - came to this ultimate decision - basing and founding on individual and personal definitions of their own thinking, perception and believing of their quality of life and a meaningful existence.
Their decision must be respected by family, friends, society and state as an act of autonomous self-determination.
I am happy that German Federal Constitutional Court has stated, in a judgment pronounced in February 2020, that the prohibition of assisted suicide services set out in § 217 of the German Criminal Code is inoperative and violates the Basic Law.
The Court founded that the prohibition - which the § 217 of the German Criminal Code - made it almost impossible for any possibility for the individual concerned to resort to assisted suicide.
The German Federal Constitutional Court took a clear stand on assisted suicide - The right to a self-determined death as expression of the right to freedom of personal development.
Neither the German Federal Constitutional Court stated nor I am thinking that this judgement means that the state and legislator are completely barred from regulating suicide assistance. From my point of view it’s quite the opposite - we need clear regulations for everyone involved - for the one who wants to die, the people who are asked and willing to help or assist.
But any legislation on this subject must be driven, led, and guided by the understanding and notion of humans as individual, intellectual-moral beings capable of pursuing and exercising their freedom in self-determination in and for life and death.
Such legal provisions might include statutory obligations to provide information or observe waiting periods; requirements to obtain administrative approval, or other procedural safeguards. All these ‘safeguards’ will ensure the reliability of the assisted suicide services offered And much more the prohibition of particularly dangerous forms of suicide assistance.
At the same time, sufficient space and sphere of actions and choices must remain in practice for the individual person and the individual situation to exercise the right to depart this life.
Always based on the free will, choice, and belief of the individual and with the support of third parties, to carry out this decision on their own terms. The regulations are there to provide the one who wants to leave his life behind and the third parties legal certainty.
This not only requires legislative coherence in the design of the legal framework applicable to the medical practitioner, medical experts, physicians, doctors and pharmacists. If I am not wrong potentially it also requires adjustments of the law on controlled substances, narcotics regulations and medication.
I do not expect an obligation, on anyone, to assist in another person’s suicide.
But when I hear and read from medical associations, councils, and the German Medical Association that "The doctor's assistance with suicide is not a medical duty." - I wonder who else has the knowledge and the education to reach out to these people - who are willing or wanting to die - in this anyhow challenging part and decision of their life?!
On the other hand Germany's medical community and four State Chamber of Physicians have liberalized its code on helping sick patients die, giving more freedom to individual doctors.
The change reflects a growing acceptance of assisted suicide among doctors and society.
Living and dying with dignity, without pain and suffering - should always be the guiding and moral model.
Final Sidenote - I wrote this post / article as well in German - with further information which explains the current legal situation more in detail.
I firmly believe in freedom, respect and dignity and as a last consequence it must include the freedom to take one’s own life and, as the case may be, resort to assistance provided voluntarily by third parties for this purpose. When I talk about third parties - I think of medical, anesthetic, professional, and psychological support by experts - experts like medical practitioner, psychologist, and other experts perhaps also palliative and hospice care.
It should be beyond all question that the consideration and the act of a self-determined death and assisted dying isn’t easy for anybody. When an individual decides to end their own life - came to this ultimate decision - basing and founding on individual and personal definitions of their own thinking, perception and believing of their quality of life and a meaningful existence.
Their decision must be respected by family, friends, society and state as an act of autonomous self-determination.
I am happy that German Federal Constitutional Court has stated, in a judgment pronounced in February 2020, that the prohibition of assisted suicide services set out in § 217 of the German Criminal Code is inoperative and violates the Basic Law.
The Court founded that the prohibition - which the § 217 of the German Criminal Code - made it almost impossible for any possibility for the individual concerned to resort to assisted suicide.
The German Federal Constitutional Court took a clear stand on assisted suicide - The right to a self-determined death as expression of the right to freedom of personal development.
Neither the German Federal Constitutional Court stated nor I am thinking that this judgement means that the state and legislator are completely barred from regulating suicide assistance. From my point of view it’s quite the opposite - we need clear regulations for everyone involved - for the one who wants to die, the people who are asked and willing to help or assist.
But any legislation on this subject must be driven, led, and guided by the understanding and notion of humans as individual, intellectual-moral beings capable of pursuing and exercising their freedom in self-determination in and for life and death.
Such legal provisions might include statutory obligations to provide information or observe waiting periods; requirements to obtain administrative approval, or other procedural safeguards. All these ‘safeguards’ will ensure the reliability of the assisted suicide services offered And much more the prohibition of particularly dangerous forms of suicide assistance.
At the same time, sufficient space and sphere of actions and choices must remain in practice for the individual person and the individual situation to exercise the right to depart this life.
Always based on the free will, choice, and belief of the individual and with the support of third parties, to carry out this decision on their own terms. The regulations are there to provide the one who wants to leave his life behind and the third parties legal certainty.
This not only requires legislative coherence in the design of the legal framework applicable to the medical practitioner, medical experts, physicians, doctors and pharmacists. If I am not wrong potentially it also requires adjustments of the law on controlled substances, narcotics regulations and medication.
I do not expect an obligation, on anyone, to assist in another person’s suicide.
But when I hear and read from medical associations, councils, and the German Medical Association that "The doctor's assistance with suicide is not a medical duty." - I wonder who else has the knowledge and the education to reach out to these people - who are willing or wanting to die - in this anyhow challenging part and decision of their life?!
On the other hand Germany's medical community and four State Chamber of Physicians have liberalized its code on helping sick patients die, giving more freedom to individual doctors.
The change reflects a growing acceptance of assisted suicide among doctors and society.
Living and dying with dignity, without pain and suffering - should always be the guiding and moral model.
Final Sidenote - I wrote this post / article as well in German - with further information which explains the current legal situation more in detail.
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