The Right to Die with Dignity: How Far Do Human Rights Extend? (European Union and its Neighbours in a Globalized World, 6)

“Can I choose to die?” As the number of requests for euthanasia and physician-assisted suicide continues to rise, human rights law faces a new conflict: the right to die vs. the right to life... The right to die or, in other words, ‘the right to choose the time and manner of one's own death'is a question of personal autonomy and its limits. This book provides a comprehensive understanding of the right to die and sheds light on its possible future under the European Convention on Human Rights. After setting a clear framework by defining the key terminology, the book takes a two-part approach to achieving its aim. The first part focuses on the right to die in practice by examining selected jurisdictions. Switzerland, which is famous for its assisted suicide organizations, and the Netherlands, which was the first country to legalize euthanasia, are examined in detail. Belgium, Germany, the United Kingdom, and -as an exception to the Convention perspective - Canadaare also included. While this examination offers a better understanding of what the right to die looks like in practice, it also provides insights on the slippery slope argument, which serves as a counterweight to personal autonomy, without making a definitive statement on its validity. This part also illustrates the different paths that led or did not lead to the right to die in practice. The second part is an analysis of the European Court of Human Rights case law on the right to die. The Court has made important statements in only very cases, while its caution when approaching such a delicate and controversial topic among its 47 members is understandably emphasized. This analysis of the Court's approach to the balancing of personal autonomy against other interests allows us to take a look back at the practice in more permissive jurisdictions through the lens of the Convention. Taken together, the book's two parts provide valuable lessons for countries that decideto practice assisted dying, which are outlined in the conclusion. In addition, given that a purely legal approach can only offer a partial picture, the book argues that an interdisciplinary approach would be much more favorable in terms of providing the necessary basis for the right to die debate. Acknowledgments Contents List of Abbreviations Chapter 1: Introduction References Chapter 2: Definitions References Chapter 3: The Right to Die in Practice 3.1 Switzerland 3.1.1 Foundation of the Swiss Model 3.1.2 Organizational Aspect of the Swiss Model 3.1.2.1 EXIT - Deutsche Schweiz 3.1.2.2 EXIT - Association pour le Droit de mourir dans la Dignité/Suisse Romande 3.1.2.3 Dignitas 3.1.3 Medical Aspect of the Swiss Model 3.1.3.1 Regulation on Sodium Pentobarbital 3.1.3.2 SAMS Guidelines 3.1.3.3 Assisted Suicide in Healthcare Institutions 3.1.4 Judicial Aspect of the Swiss Model 3.1.4.1 The Zurich Case 3.1.4.2 The Aargau Case 3.1.4.3 The Dr X Case 3.1.4.4 The Dr Y Case 3.1.4.5 The Baumann Case 3.1.4.6 Dignitas v Swissmedic 3.1.4.7 ERAS and Others 3.1.4.8 The Preisig and Beck Cases 3.1.5 Administrative Aspect of the Swiss Model 3.1.6 Conclusion 3.2 The Netherlands 3.2.1 Until 2002 3.2.1.1 The Postma Case 3.2.1.2 The Wertheim Case 3.2.1.3 The Schoonheim Case 3.2.1.4 The Pols Case 3.2.1.5 The Remmelink Report 3.2.1.6 The Kors and Duintjer Cases 3.2.1.7 The Chabot Case 3.2.1.8 The Brongersma Case 3.2.2 The New Legal Framework of 2002: Euthanasia Act 3.2.3 Interpretations by the RTE 3.2.3.1 On `Suffering ́ 3.2.3.2 On `Termination of Life Without an Explicit Request ́ 3.2.3.3 On `Terminal Sedation ́ 3.2.3.4 On `Non-residents ́ 3.2.3.5 On `Demedicalized Assisted Suicide ́ 3.2.3.6 On `Dementia ́ 3.2.4 Conclusion 3.3 Belgium 3.3.1 Until 2002 3.3.2 The Legal Framework 3.3.2.1 Exclusion of Assisted Suicide 3.3.2.2 Adults and Emancipated Minors 3.3.2.3 Euthanasia for Minors 3.3.2.3.1 Amendment of 2014 3.3.2.3.2 Constitutional Court Decision Upholding the 2014 Amendment 3.3.2.4 Patients with Psychiatric Illnesses 3.3.2.5 Notification Procedure 3.3.3 Conclusion 3.4 The United Kingdom 3.4.1 The Z Case 3.4.2 The Purdy Case 3.4.3 The Martin Case 3.4.4 The Martin v GMC Case 3.4.5 Recent Developments 3.5 Germany 3.5.1 Section 217 of the Criminal Code 3.5.2 Aftermath of the ECtHR ́s Koch Judgment 3.5.3 Unconstitutionality of Section 217 3.6 Recent Developments in Other Council of Europe Member States 3.7 Canada 3.7.1 The Rodriguez Case 3.7.1.1 Judgment of the Supreme Court of British Columbia 3.7.1.2 Judgment of the British Columbia Court of Appeal 3.7.1.3 Judgment of the Supreme Court of Canada 3.7.1.3.1 Justice Sopinka on Behalf of the Majority 3.7.1.3.2 Dissenting Opinion of Chief Justice Lamer 3.7.1.3.3 Dissenting Opinion of Justices L ́Hereux-Dubé and McLachlin 3.7.1.3.4 Dissenting Opinion of Justice Cory 3.7.2 The Carter Case 3.7.2.1 Judgment of the Supreme Court of British Columbia 3.7.2.2 Judgment of the British Columbia Court of Appeal 3.7.2.3 Judgment of the Supreme Court of Canada 3.7.3 Aftermath of the Carter Case References Chapter 4: The Right to Die Under the European Convention on Human Rights 4.1 Case Law of the European Court of Human Rights 4.1.1 The R v UK Case 4.1.2 The Sanles Sanles Case 4.1.3 The Pretty Case 4.1.3.1 Circumstances of the Case 4.1.3.2 Judgment of the House of Lords 4.1.3.3 Judgment of the ECtHR 4.1.3.3.1 On Article 2 of the Convention 4.1.3.3.2 On Article 3 of the Convention 4.1.3.3.3 On Article 8 of the Convention 4.1.3.3.4 On Article 9 of the Convention 4.1.3.3.5 On Article 14 of the Convention 4.1.4 The Haas Case 4.1.4.1 Circumstances of the Case 4.1.4.2 Judgment of the Federal Supreme Court 4.1.4.3 Judgment of the ECtHR 4.1.4.3.1 The Applicant ́s Submission 4.1.4.3.2 The Government ́s Submission 4.1.4.3.3 Assessment of the Court 4.1.5 The Koch Case 4.1.5.1 Circumstances of the Case 4.1.5.2 Judgments of the Domestic Courts 4.1.5.3 Judgment of the ECtHR 4.1.5.3.1 The Applicant ́s Submission 4.1.5.3.2 The Government ́s Submission 4.1.5.3.3 Submissions by the Interveners 4.1.5.3.4 Assessment of the Court 4.1.6 The Gross Case 4.1.6.1 Circumstances of the Case 4.1.6.2 Judgments of the Domestic Courts 4.1.6.3 Judgment of the ECtHR 4.1.6.3.1 The Applicant ́s Submission 4.1.6.3.2 The Government ́s Submission 4.1.6.3.3 Submissions by the Interveners 4.1.6.3.4 Assessment of the Chamber 4.1.6.3.5 Assessment of the Grand Chamber 4.1.7 The Lambert Case 4.1.7.1 Circumstances of the Case 4.1.7.2 Judgment of the Conseil d ́État 4.1.7.3 Judgment of the ECtHR 4.1.7.3.1 On the Applicants ́ Locus Standi 4.1.7.3.2 On Articles 2 and 8 of the Convention 4.1.8 The Nicklinson Case 4.1.8.1 Circumstances of the Case 4.1.8.2 Judgment of the Supreme Court 4.1.8.3 Judgment of the ECtHR 4.2 Analysis of the European Court of Human Rights ́ Case Law 4.3 Critical Remarks on Council of Europe Member States 4.4 The Right to Die and the International Covenant on Civil and Political Rights 4.5 The Right to Die and the European Union Law References Chapter 5: Conclusion References Table of Cases Table of Legislation "Can I choose to die?" As the number of requests for euthanasia and physician-assisted suicide continues to rise, human rights law faces a new conflict: the right to die vs. the right to life The right to die or, in other words, the right to choose the time and manner of ones own death is a question of personal autonomy and its limits. This book provides a comprehensive understanding of the right to die and sheds light on its possible future under the European Convention on Human Rights. After setting a clear framework by defining the key terminology, the book takes a two-part approach to achieving its aim. The first part focuses on the right to die in practice by examining selected jurisdictions. Switzerland, which is famous for its assisted suicide organizations, and the Netherlands, which was the first country to legalize euthanasia, are examined in detail. Belgium, Germany, the United Kingdom, and -as an exception to the Convention perspective - Canada are also included. While this examination offers a better understanding of what the right to die looks like in practice, it also provides insights on the slippery slope argument, which serves as a counterweight to personal autonomy, without making a definitive statement on its validity. This part also illustrates the different paths that led or did not lead to the right to die in practice. The second part is an analysis of the European Court of Human Rights case law on the right to die. The Court has made important statements in only very cases, while its caution when approaching such a delicate and controversial topic among its 47 members is understandably emphasized. This analysis of the Courts approach to the balancing of personal autonomy against other interests allows us to take a look back at the practice in more permissive jurisdictions through the lens of the Convention. Taken together, the books two parts provide valuable lessons for countries that decide to practice assisted dying, which are outlined in the conclusion. In addition, given that a purely legal approach can only offer a partial picture, the book argues that an interdisciplinary approach would be much more favorable in terms of providing the necessary basis for the right to die debate