The Week (US)

How are the criteria expanding?

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The Netherland­s, Belgium, Luxembourg, Canada, Switzerlan­d, and Colombia. And last month, German courts overturned a 2015 law prohibitin­g assisted suicide, and the Portuguese parliament passed a bill to legalize it, although that bill has yet to be signed into law. In Australia and the U.S., the practice is legal in certain states. Patients sometimes cross borders in pursuit of aid in dying; since 2017, when Anne Bert, a French novelist suffering from the degenerati­ve neurologic­al disorder Charcot disease, publicized her intention to end her life in Belgium at age 59, Belgian clinics have seen a sharp increase in requests from French patients. We now get “one or two calls per week, compared with one every six months before,” said Dr. François Damas. Most patients who desire the service, though, are too ill to travel for the necessary consultati­on, second opinion, and mandatory waiting period.

Both Belgium and the Netherland­s began allowing assisted suicide in 2002 for patients in “constant and unbearable physical or psychologi­cal pain” attested to by at least two doctors. The first to die that way were terminal cancer patients. But over the years, the criteria for “psychologi­cal pain” has been applied more and more broadly, and to more people without terminal illness.

The Belgian law was expanded in 2014 to include minors, who must get their parents’ permission to end their lives. In 2015, of the 2,022 patients who opted for euthanasia in Belgium, 299 did not have fatal illness. One case that drew debate and criticism in Belgium was that of deaf twins Marc and Eddy Verbessem, 45, who chose to die in 2012 because they were going blind and would soon

Some activists say that helping depressed people kill themselves is not compassion­ate care. “Almost all serious psychiatri­c patients think that their situation is ‘unbearable’ and ‘without perspectiv­e,’” says René Stockman, a priest and mental health expert with the Catholic order Brothers of Charity, citing the legal criteria patients must meet. There have also been highly publicized concerns over possible revocation of consent. In 2016, a Dutch dementia patient, 74, who had said in an advance directive written several years earlier that she would rather die than go into a nursing home, was sedated before being injected with a deadly drug cocktail. The woman, who was no longer lucid enough to understand what was happening, was restrained by her family when she woke up and began struggling during the procedure. Her physician, who was not named in court, became the first in the Netherland­s to be tried for improper euthanasia; the doctor was acquitted last year.

Belgium’s first criminal case concerning euthanasia was resolved Jan. 31, when three doctors were acquitted of unlawfully poisoning

Tine Nys, 38, a heroin addict who had suffered from depression for years and had attempted suicide several times. Her parents and sister, present at her death in 2010, said she had not received adequate mental health treatment before her decision. Her sister, Sophie, said Nys may have manipulate­d the system by faking the tests to obtain an autism diagnosis. Because autism is “incurable and chronic,” it meets one of Belgium’s legal requiremen­ts for euthanasia. Nys’ own psychiatri­st refused her permission for assisted suicide; the doctor who approved it, Lieve Thienpont, diagnosed her with Asperger’s syndrome and gave the go-ahead after meeting her just three times. But doctors said all procedures had been followed correctly, and the jury deliberate­d just eight hours before acquitting. Witnesses, including Nys’ friends, said she had been “determined to die.”

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