SAVES is not affiliated with Exit International / Dr Philip Nitschke and opposes the public availability of a 'peaceful pill'.


Quotes

The VE Bulletin Excerpts
'No price is too high to pay for the privilege of owning yourself' Rudyard Kipling
Vol 19: No 3 November 2002

World overview of assisted suicide laws

Assisted suicide laws around the world are clear in some nations but unclear, or non-existent in others. Even if a country has not clarified the legal position, it does not mean that charges cannot be laid. For example Sweden has no law specifically outlawing assisted suicide, but prosecutors can, and have charged an 'assister'  with manslaughter.

Norway has criminal sanctions against assisted suicide through the charge of 'accessory to murder'. Where consent was given and there are compassionate grounds there are lighter sentences. A recent law commission voted against decriminalisation by 5 votes to 2.

Finland has no reference to assisted suicide in its criminal code and sometimes a person will approach law enforcement agencies to explain their actions and, providing the action was justified, there is no further action. Assisted suicide is usually carried out by the person's loved ones. A different situation may apply if Finnish doctors were known to have practiced assisted suicide or voluntary euthanasia.

Germany has had no penalty for assisted suicide since 1751, although there are apparently few instances, due to taboos around the ironically named 'euthanasia programmes' of the Second World War. Another important factor is the ideological and political power of the church. Active voluntary euthanasia is considered a crime, but in the year 2000 a German appeal court cleared a Swiss clergyman of assisted suicide because there was no statutory offence. However an alternate charge was laid relating to the importation of drugs. There was no imprisonment.

It has been reported that Denmark and France have permissive assisted dying laws but this is not the case. The only places allowing assistance to die are Oregon since 1997, Switzerland since 1941, Belgium since 2002, the Netherlands, and Germany, as mentioned above. In the Netherlands courts have permitted voluntary euthanasia under strict guidelines since 1984.

In Oregon, Belgium and the Netherlands two doctors must give approval, but not in Switzerland where this is not considered an imperative, even though at least one doctor  is generally involved. While Belgium permits voluntary euthanasia, Oregon and Switzerland ban lethal injections. Switzerland does not exclude foreigners if they are critically or terminally ill and medically competent, and recently the Swiss Academy of Medical Sciences removed its long standing opposition to assisted suicide.

Voluntary euthanasia in Japan was approved by a high court in 1962 but instances are rare, due to complex cultural taboos on suicide, death and dying.

Colombia's Constitutional Court approved voluntary euthanasia in 1997. However this has not yet been ratified by parliament, with the result that the ruling is 'in limbo' until  challenged by a medical practitioner.

In the Northern Territory of Australia voluntary euthanasia and assisted suicide were legal for nine months until repealed by federal parliament. While the law was operative, four people chose to access the legislation.

This article is based on 'Assisted suicide laws in the world' by Derek Humphrey, published  in the June 2002 'World Right-to-die' newsletter.