Euthanasia is a topic that not only heats up the minds, but also around which many myths entwine. Where the difference between indirect and passive euthanasia. What is the legal situation? You can find out here.
Indirect euthanasia – what is it?
What exactly is meant by passive or indirect euthanasia? In indirect euthanasia, targeted skilled pain and symptom management that carries a life-shortening risk is permitted.
For example, a terminally ill patient can be administered daily doses of morphine at his or her own request – even if this is stated in the living will – but this may cause death more quickly (“palliative sedation“).
What is passive euthanasia?
Passive euthanasia is the process of allowing death to occur due to age or illness by forgoing life-prolonging measures. Pain relief and basic care, however, still take place. Examples of passive euthanasia include forgoing:
- Artificial respiration
- Artificial nutrition and hydration
- Certain medications
- Dialysis
- Resuscitation
Is this legally allowed or not?
Indirect euthanasia is not punishable by law because it falls under treatment in which the shortening of life occurs as an unintended side effect.
Passive euthanasia is also permitted. At the express and unequivocal request of the patient, physicians may and must discontinue life-prolonging treatment or refrain from doing so from the outset. This is euthanasia by letting die. However, it must be clear that the patient understands and approves of the consequences of his or her decision.
It is important that humane accommodation, care, personal hygiene, relief of pain, shortness of breath and nausea, and quenching of hunger and thirst, are provided. However, transfer to an intensive care unit is waived, therapy that has already begun is discontinued, or further treatment is omitted.
Active euthanasia: Banned in Germany
Active euthanasia is punishable by law – even if the patient expressly wishes it. If, for example, a doctor puts an end to a patient’s suffering with a lethal dose of morphine, this is active euthanasia. Active euthanasia for the purpose of painlessly killing a dying person is unlawful; if it is even carried out against the patient’s will, this is punishable as murder.
If euthanasia has been performed because the patient has expressly requested it, then this is punishable under Section 216 of the German Criminal Code as homicide on demand with a prison sentence of six months to five years.
Legalize active euthanasia?
In Belgium, Luxembourg, and the Netherlands, active euthanasia is already legal. In Germany, too, the idea is stirring that patients should be able to decide for themselves when it is time for them to go. So far, however, ethical as well as legal debates have not led to a decision.