Euthanasia Act (Netherlands)

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The Dutch Euthanasia Act was adopted in 2001; The official designation of the colloquially " euthanasiewet " (" Euthanasia Act ") is " wet toetsing levensbeëindiging op verzoek en hulp bij zelfdoding " (abbreviated: " wtl "; German: " Law to control the termination of life on request and help with suicide " ). When the law came into force, the Netherlands became the first country in the world to allow active euthanasia . Similar laws came into force shortly afterwards with the law on euthanasia in Belgium and the law on euthanasia and assisted suicide in Luxembourg . In May 2019, the case of 17-year-old Noa Pothoven was the subject of intense international debate about the Dutch law on assisted suicide .

Content of the law

In the Netherlands, both active euthanasia (Article 293) and assisted suicide (Article 294) continue to be generally punishable under the Penal Code, even after the Euthanasia Act has come into force. If, however, a doctor provides euthanasia and complies with a number of due care criteria and reports to the community coroner, he is subject to special legal protection and is not liable to prosecution.

These special due care criteria are specified in the Dutch Euthanasia Act.

The criteria listed in Article 2 of the Act include that the doctor has ensured that the following circumstances apply:

  1. he is convinced that the patient's wish was expressed voluntarily and after careful consideration,
  2. he is convinced that the patient's condition is hopeless and his suffering unbearable,
  3. he informed the patient about the situation and prospects,
  4. he and the patient have come to the conclusion that there is no other acceptable solution to the situation,
  5. he has consulted at least one other, independent doctor who examined the patient and prepared a written statement on the criteria mentioned under 1 to 4,
  6. the termination of life or assistance in suicide occurs with due care.

In the case of patients who are unable to express their will, the request for euthanasia or assistance with suicide may be granted if the person has reached the age of 16 and they are at a time when they can reasonably assess them Interests was able to explain their request in writing.

Euthanasia for minors

According to the law, minors can also ask for termination of life on request or for help with suicide. Since the request can only be made by the patient himself, he must be able to reasonably assess his interests and be able to express his will. A request made by parents or legal guardians on behalf of the patient is not permitted.

In the case of minors between the ages of 12 and 15, parents or legal guardians must also consent to the request for euthanasia. 16- and 17-year-olds can make their own decisions, but parents or legal guardians must be included in the decision-making process. Euthanasia for minors under the age of 12 is not permitted.

For minors aged 16 and over who are unable to give their consent, the same rules apply as for adults (written declaration at a point in time when consent was still possible).

Implementation guideline

An implementation guideline for doctors and pharmacists has been issued for the Dutch Euthanasia Act. It was published in 1987 under the name Standaard Euthanatica . A second edition followed in 1994, a third in 1998 and a fourth in 2007.

The Standard Euthanatica was replaced in August 2012 by the Richtlijn Uitvoering euthanasie en hulp bij zelfdoding (German: Implementation Guideline on Euthanasia and Assistance in Suicide ). The new guideline of Koninklijke Nederlandsche Maatschappij tot bevordering der Geneeskunst (KNMG, Royal Netherlands Association for the Promotion of Medicine) and Koninklijke Nederlandse Maatschappij ter bevordering der Pharmacie (KNMP, Royal Netherlands Association for the Promotion of Pharmacy) focuses on the practical implementation of euthanasia and explains the use of certain methods. In the new guideline, the hypnotic thiopental has been replaced by propofol . This guideline is the standard for the control committees. Doctors must then meet the six criteria required by law when implementing euthanasia. There are no legal peculiarities for pharmacists, they are obliged to comply with their professional standards.

occurrence

After an ongoing discussion in politics and society in the Netherlands about the criminality of euthanasia and the question of whether it should be restricted since around 1980, the majority of the parties Democrats 66 (D66), Volkspartij voor Vrijheid en Democratie (VVD) and Partij van de Arbeid (PvdA) adopted the Wet toetsing levensbeëindiging op verzoek en hulp bij zelfdoding on April 12, 2001 . One year later, on April 1, 2002, the statutory provisions came into force. The law only applies to active euthanasia and assistance in suicide at the patient's express request.

As of October 10, 2012, the law underwent minor changes. Since then, it has also applied to public institutions on the Dutch islands of Bonaire , Sint Eustatius and Saba (Article 19a).

Individual evidence

  1. ↑ Wetboek van Strafrecht, Tweede Boek, Article 293
  2. ↑ Wetboek van Strafrecht, Tweede Boek, Article 294
  3. ↑ Artsen en apothekers maken samen directives on euthanasia. Pharmaceutisch Weekblad of August 28, 2012

literature

  • Bert Gordijn: Euthanasia in the Netherlands. A critical consideration. (Berlin medical ethical writings, vol. 19), Humanitas-Verlag, Dortmund 1997, ISBN 3-928366-40-8
  • Helena Alfonsa Maria Weyers: Euthanasia. Het proces van Rechtsverandering. (German: Euthanasia. The process of legal changes. ) Dissertation, Rijksuniversiteit Groningen 2002

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