Falling asleep healthy in old age and not waking up again – this idea of dying only becomes reality for a few. Dying often drags on and can be associated with pain and drastic restrictions on quality of life. Last but not least, many dying people do not want to be a “burden” to their environment. All this stirs up fears and awakens in some the desire to determine the time of dying themselves – if necessary with the help of third parties.
What is assisted suicide?
Passive euthanasia
In this case, life-prolonging measures (for example, artificial nutrition, ventilation or the administration of certain life-sustaining drugs) are not continued. The basis for this is usually the patient’s express will, for example in the form of a living will. If this is available, passive euthanasia is not punishable in Germany.
Indirect euthanasia
Help for suicide (assisted suicide)
On February 26, 2020, the Federal Constitutional Court completely overturned the controversial euthanasia paragraph 217, which criminalizes organized euthanasia. This did not presuppose any financial interests, but was aimed at repeated euthanasia. Thus, under certain circumstances, it also affected general practitioners.
Active euthanasia
Also known as “killing on demand,” active euthanasia is a criminal offense in Germany – even after Section 217 was overturned. This means that it is not the patient who takes a lethal drug, but a third party who actively administers it.
Point of discussion: Assisted suicide
It was a historic decision made by the Federal Constitutional Court on February 26, 2020: every person has the right to die in a self-determined manner. This also includes the right to be assisted in this by third parties. All people can make use of this right to assisted suicide – not just the seriously ill at the end of their lives.
What was planned as an obstacle, especially for organizations such as Dignitas, however, mainly unsettled those affected and doctors. This is because the businesslike nature of the law does not refer to financial interests and greed for profit. Rather, anyone who regularly and repeatedly provides assisted suicide is liable to prosecution. This therefore also affected family doctors who repeatedly assisted the suicide of their patients.
Finding help for suicide is currently difficult
In the current situation, however, it is often very difficult in practice for people who wish to die to find a doctor who will prescribe the lethal medication. Many people currently turn abroad, for example to Switzerland, where there are euthanasia organizations. However, one must be able to travel and also be able to afford the high costs involved.
On July 6, 2023, two new bills were submitted to the Bundestag for regulation. Both were rejected.
Respect for self-determination: The second draft, presented by a group led by Renate Künast (Greens) and Katrin Helling-Plahr (FDP), emphasized the free choice of the individual and thus also the exemption from punishment of assistance with suicide by appropriate organizations. Here, too, there were to be mandatory, albeit one-off, consultations. However, the plan was to organize these as a low-threshold offer in a nationwide network.
So, after the rejection of the drafts, legislation is again being sought to put the 2020 judge’s ruling into practice.
