Eutanasi och assisterat självmord - en komparativ studie
Euthanasia and assisted suicide - a comparative study
Author
Summary, in English
The regulation of several types of euthanasia and assisted suicide in Sweden, the Netherlands, Switzerland and Italy was examined, as well as case law from the European Court of Human rights, and attitudes towards and occurrence of euthanasia. The results were then analysed.
Active euthanasia, i.e. to actively shorten the life of another person, is legal only for Dutch physicians. The physician must act with due care: the patient’s request of euthanasia must be explicit and the suffering unbearable.
Suicide is not illegal in any of the compared countries. It is legal for anyone to assist a suicide in Sweden and Switzerland, with the exception of Swedish physicians. In Switzerland, the assistant must act with good intentions. Non-profit organizations help individuals to take their own lives if certain criteria are fulfilled. In the Netherlands, only physicians are allowed to assist suicides, and only according to the requirements of due care, mentioned above. Assisted suicide is illegal for everyone in Italy. Swedish and Swiss case law has shown that drawing the line between assisted suicide and active euthanasia can be a difficult matter. According to case law from the European Court of Human Rights, a country does not violate the Convention by denying a citizen assisted suicide.
Passive euthanasia for laypersons, i.e. an omission resulting in the death of another person, is only legal in Sweden. In all of the examined countries, passive euthanasia is allowed within the medical service, but with some differences between the countries. The principle of double effect, i.e. that the purpose of an act of omission never should be to shorten the life of a patient, is important in all of the countries. The sedation of patients, in combination with the withdrawal of nutrition and liquid, and with the patient’s death as a consequence, does occur in all compared countries, in limited situations. Living wills are only legally binding in the Netherlands.
If a physician or a nurse acts contrarily to the national health care regulations, he or she can be subject to investigation and disciplinary measures. Dutch physicians have an obligation to report cases of active euthanasia and assisted suicide to a review committee. In all four countries, the public is more positive to euthanasia than the physicians, and the difference is greatest in Sweden. Active euthanasia is very rare in all of the countries. In the Netherlands active euthanasia and assisted suicide was the cause of death in 2.5 per cent of all deaths reported by physicians.
There are several possible reasons as to why euthanasia is legalized in the Netherlands, and not in other countries. When defining regulation on euthanasia and assisted suicide, principles such as the sanctity of life, the importance of personal autonomy, and the role of physicians, have had a great influence in all four countries.
Active euthanasia, i.e. to actively shorten the life of another person, is legal only for Dutch physicians. The physician must act with due care: the patient’s request of euthanasia must be explicit and the suffering unbearable.
Suicide is not illegal in any of the compared countries. It is legal for anyone to assist a suicide in Sweden and Switzerland, with the exception of Swedish physicians. In Switzerland, the assistant must act with good intentions. Non-profit organizations help individuals to take their own lives if certain criteria are fulfilled. In the Netherlands, only physicians are allowed to assist suicides, and only according to the requirements of due care, mentioned above. Assisted suicide is illegal for everyone in Italy. Swedish and Swiss case law has shown that drawing the line between assisted suicide and active euthanasia can be a difficult matter. According to case law from the European Court of Human Rights, a country does not violate the Convention by denying a citizen assisted suicide.
Passive euthanasia for laypersons, i.e. an omission resulting in the death of another person, is only legal in Sweden. In all of the examined countries, passive euthanasia is allowed within the medical service, but with some differences between the countries. The principle of double effect, i.e. that the purpose of an act of omission never should be to shorten the life of a patient, is important in all of the countries. The sedation of patients, in combination with the withdrawal of nutrition and liquid, and with the patient’s death as a consequence, does occur in all compared countries, in limited situations. Living wills are only legally binding in the Netherlands.
If a physician or a nurse acts contrarily to the national health care regulations, he or she can be subject to investigation and disciplinary measures. Dutch physicians have an obligation to report cases of active euthanasia and assisted suicide to a review committee. In all four countries, the public is more positive to euthanasia than the physicians, and the difference is greatest in Sweden. Active euthanasia is very rare in all of the countries. In the Netherlands active euthanasia and assisted suicide was the cause of death in 2.5 per cent of all deaths reported by physicians.
There are several possible reasons as to why euthanasia is legalized in the Netherlands, and not in other countries. When defining regulation on euthanasia and assisted suicide, principles such as the sanctity of life, the importance of personal autonomy, and the role of physicians, have had a great influence in all four countries.
Department/s
Publishing year
2011
Language
Swedish
Full text
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Document type
Student publication for professional degree (Master's level)
Topic
- Law and Political Science
Keywords
- straffrätt
- komparativ rätt
- aktiv eutanasi
- passiv eutanasi
- assisterat självmord
- palliativ vård
Supervisor
- Per Ole Träskman (Professor)