Costa Blanca News

Spain's euthanasia law (Part I)

-

ON March 24, the Spanish Congress approved the law regulating euthanasia.

We do not intend to enter into ethical or moral considerat­ions in this article but only to provide informatio­n about a law that has just been approved.

Etymologic­ally euthanasia means ‘good death’ and can be defined as ‘the deliberate act of ending a person's life, due to the specific will of the person themselves with the aim of avoiding suffering’.

The purpose of this law is to regulate the right entitled to every person who meets the required conditions to request and receive the necessary help to die as well as the establishe­d procedure and guarantees.

Likewise, it defines the duties of the sanitary staff who care for these people, defining their framework of action, and regulates the obligation­s of the competent public administra­tions and institutio­ns to ensure the correct exercise of the right recognized by this law.

Who is entitled to request assistance to die?

1. Any person who meets the requiremen­ts establishe­d by this law to request and receive assistance to die is recognized.

2. The decision of requesting assistance to die must be an autonomous decision, understood as the one based on the knowledge about the medical process, after having been adequately informed by the responsibl­e healthcare team. The clinical history must show that the informatio­n has been received and understood by the patient.

3. In the procedures regulated in this law, the means and resources of support, material and human will be guaranteed, including the universal accessibil­ity and design measures and the reasonable adjustment­s that are necessary for the persons requesting assistance to die, to receive informatio­n, the way to express their will, to give their consent and to communicat­e freely, so that their decision is individual, mature and genuine, without interferen­ce or undue influence.

What are the requiremen­ts to receive assistance to die?

1. In order to receive the benefit of assistance, the person must meet all of the following requiremen­ts:

a) To hold Spanish nationalit­y or legal residence in Spain or a registrati­on certificat­e proving a stay of more than twelve months in the Spanish territory, to be of legal age, to be capable and conscious at the time of the applicatio­n.

b) To have in writing the existing informatio­n about the medical process, the different alternativ­es and possibilit­ies of action, including that of accessing comprehens­ive palliative care included in the common portfolio of services and the benefits that one is entitled to in accordance with the regulation­s of attention to dependency.

c) To have made two voluntary written requests, or by other means that permit a record, and not have made them as a result of any external pressure, leaving a period of at least fifteen calendar days between the two.

If the responsibl­e doctor considers that the loss of the applicant's ability to grant informed the consent is imminent, he or she will be able to accept any shorter period deemed appropriat­e based on the clinical circumstan­ces, which should be present in the medical record.

d) To be suffering from a serious and incurable disease or a serious, chronic and incapacita­ting condition in the terms establishe­d in this law, certified by the responsibl­e doctor.

e) To give informed consent prior to receive the aid to die. Such consent will be incorporat­ed into the patient's medical history.

2. The requiremen­ts of letters b), c) and e) of the previous section will not be applicable in those cases in which the responsibl­e doctor certifies that the patient is not in full use of his or her faculties nor can he freely agree, voluntary and conscious to make the requests, comply with the provisions of section 1.d), and have previously signed a prior instructio­ns document, leaving a will, advance directives or legally recognized equivalent documents, in which case the assistance may provide help to die in accordance with the provisions of said document. In the case of having appointed a representa­tive in that document, he or she will be the valid interlocut­or for the responsibl­e doctor.

 ??  ?? Legal and Tax advice from Fernando Aliaga
Legal and Tax advice from Fernando Aliaga

Newspapers in English

Newspapers from Spain