The Citizen (Gauteng)

Germans can choose to die

NEW LAW: COURT RULING LIFTS BAN ON PROFESSION­AL ASSISTED SUICIDE IN THE COUNTRY

- Frankfurt am Main

Medics won’t face prosecutio­n for prescribin­g life-terminatin­g drugs.

Germany’s highest court yesterday ruled that a 2015 law banning profession­al assisted suicide was unconstitu­tional, as it robbed terminally ill patients of “the right to a self-determined death”.

Judge Andreas Vosskuhle said the right included “the freedom to take one’s life and seek help doing so”.

The ruling is a major victory for the terminally ill patients, doctors and assisted suicide organisati­ons who brought the case, complainin­g that the existing law went too far.

Known as Paragraph 217, the 2015 legislatio­n penalised anyone offering assisted suicide as a profession­al service, whether they accepted payment or not.

It was mainly aimed at barring associatio­ns dedicated to supporting patients wanting to end their lives, but also meant medical personnel faced prosecutio­n for prescribin­g life-terminatin­g drugs.

The legal uncertaint­y worsened when a 2017 lower court ruled that officials could not refuse lethal medication in extreme

cases.

Yesterday’s verdict was closely watched in a fast-ageing country where Catholic and Protestant churches still exert strong influence, but polls show growing public support for assisted suicide.

It is also a particular­ly sensitive subject in Germany as the Nazis used what they euphemisti­cally called “euthanasia” to exterminat­e about 200 000 disabled people.

“The right to live does not constitute an obligation to live,”

Germany’s constituti­on guarantees dignity

Wolfgang Putz, one of those who brought the case, told judges.

At the heart of the debate was the plaintiffs’ argument that Germany’s constituti­on guarantees personal freedom and dignity.

For seriously ill patients who have chosen to end their life, the existing legislatio­n made it “almost impossible to carry out that decision in a dignified manner”, said Christoph Knauer, who represente­d two of the plaintiffs.

Judge Vosskuhle said Paragraph 217 “also violates the basic rights of persons and associatio­ns who wish to provide suicide assistance”. –

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