Euthanasia and Assisted Suicide Act (Luxembourg)

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The Luxembourg law on euthanasia and assisted suicide ( French Loi sur l'euthanasia et l'assistance au suicide ) is entered into force in 2009 law that active euthanasia permits.

Content of the law

The main content of the law is the assurance of impunity for doctors if they actively assist in euthanasia or assisted suicide. The prerequisite for this is that a terminally ill and unbearably suffering patient voluntarily, deliberately and repeatedly expresses in writing the will to end his own life. If parents or legal representatives give their consent, 16 to 18-year-old patients can also ask for euthanasia. An advance directive is sufficient for patients who are unable to consent . Doctors must have several detailed discussions with the patient about their decision. A second doctor should also be called in for advice. All cases of euthanasia must be examined by a control commission, should these violations be found, they are reported to the public prosecutor.

The law, based on the wording of the Belgian law on euthanasia of May 28, 2002, entered into force on March 17, 2009 after its publication in the Official Gazette of the Grand Duchy of Luxembourg, “Mémorial”. Luxembourg is the third EU member state and thus the third country in the world to allow active euthanasia.

History of origin

In its first reading on February 19, 2008, the Luxembourg parliament voted with 30 votes in favor, 26 against and 3 abstentions for a bill on active euthanasia introduced by socialist and Green MPs. Before a law can come into force, its constitutionality must be examined by the State Council of the Grand Duchy of Luxembourg . Following this review, the State Council raised concerns about legal uncertainties. Parliamentary clarification of these questions lasted until the end of 2008. Finally, in a new first reading, the law was passed on December 18 with 31 votes in favor, 26 against and 3 abstentions.

In addition, Grand Duke Henri had announced that he would withhold his consent to the law for reasons of conscience. After Henri's refusal, Jean-Claude Juncker and all parliamentary groups reached an agreement on a constitutional amendment that virtually disempowered the Grand Duke and in future only granted him the right to pass laws - the word “approves” in Article 34 of the constitution is deleted . In its first reading, Parliament approved this amendment with 56 votes in favor and one abstention on 11 December 2008. A referendum against the constitutional amendment failed on February 11, 2009 with only 796 instead of the required 25,000 signatures, so that on March 12, 2009, all 52 MPs present passed the constitutional amendment law in a second reading. The Grand Duke, who had to approve a law for the last time, also agreed. The Euthanasia Act, signed by Grand Duke Henri and Minister of Health Mars Di Bartolomeo, was published in the Official Journal.

Individual evidence

  1. ↑ Luxembourg allows physicians active euthanasia. WELT Online from February 20, 2008
  2. ↑ Luxembourg will probably not decide on euthanasia until spring. ( Memento of the original from April 4, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. aerzteblatt.de of October 9, 2008 @1@ 2Template: Webachiv / IABot / www.aerzteblatt.de
  3. ↑ a b Marcus Stölb: In future without the right of veto. Parliament No. 52 of December 22, 2008
  4. ↑ Marcus Stölb: A grand duke is disempowered. Parliament No. 50/51 of 8 December 2008
  5. ^ Initiative against constitutional amendment in Luxembourg failed. ( Memento of the original from February 27, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. aerzteblatt.de from February 20, 2009 @1@ 2Template: Webachiv / IABot / www.aerzteblatt.de
  6. ↑ Constitutional amendment adopted in second reading. Luxembourg Word of March 13, 2009
  7. ↑ Luxembourg brings euthanasia law into effect. ( Memento of the original from March 22, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. aerzteblatt.de of March 17, 2009 @1@ 2Template: Webachiv / IABot / www.aerzteblatt.de

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