Netherlands law on euthanasia
Thanks both Melissa Hardy and DJ Scott for your letters regarding voluntary euthanasia (October 12). As a Dutch person I must correct some persistently common misunderstandings regarding euthanasia and the euthanasia law in the Netherlands.
The Termination of Life on Request and Assisted Suicide Act (2002) states that physicianassisted dying (PAD) is not punishable if the attending physician acts in accordance with the criteria of ‘‘due care.’’ The act legalises euthanasia and PAD in very specific cases only. The criteria are very similar to those stated in David Seymour’s Bill currently before Parliament.
The patient’s suffering is unbearable with no prospect of improvement (compare NZ: terminal disease with less than 6/12 months to live; irremediable medical condition and in an advanced state of decline). The request must be voluntary and persistent over time. The request cannot be granted when the patient is under the influence of others (compare NZ: no coercion) has a psychological illness or uses drugs.
The patient must be fully aware of his/ her condition, prospects and options (note: this excludes advanced dementia). There must be consultation with at least one other medical doctor.
The death must be carried out in a medical appropriate fashion by the doctor or the patient, and the doctor must be present. The patient must be at least 12 years old, patients between 12-16 require parental consent. (compare NZ: 18 years of age). An advanced directive can be made by the patient and must be reviewed on a yearly basis. (compare NZ: no advance directive).
By law the patient always has to be ‘‘in their right mind’’. This means that only patients in case of early dementia qualify, when the patient can still make their own decisions.
Each case of death is referred to the Municipal Coroner for review. Doctors that don’t comply to the law will get reviewed and prosecuted.
Euthanasia remains a criminal offence in cases not meeting the law’s specific conditions. The content of the act has not changed from the time of implementation in 2002.
And yes, mistakes are made by the medical professionals and those doctors are reviewed and prosecuted just like in any other breach of the law.
Alida Van der Velde