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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.
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