Rätten att dö- en komparativ studie om eutanasi och om möjligheterna att införa dödshjälp i svensk rätt
The right to die- a comparative study about euthanasia and the possibilities to implement euthanasia in Swedish law
Author
Summary, in English
Summary
The human right to self-determination is a fundamental right, which in most situations in life is considered to be of high importance. This approach also applies in the department of medical care, in which the respect for the individual integrity and autonomy is emphasized. Regarding the final stages of life, the right to self-determination and the right to control how and when a person wants to end his or her life is however forced to stand aside in favor of other interests. Swedish law does not provide a right for individuals to get euthanized, not even if death is imminent and the patient’s suffering can not be relieved satisfactorily. Furthermore case law from the European Court of Human Rights has determined that there is no obligation for a state to provide its citizens with the opportunity to get assisted suicide.
Neither suicide, nor assistance therewith, is punishable according to Swedish law. Therefore it is possible for a person to help another to die without being penalized, provided that the act is deemed to be aiding suicide- not euthanasia. Case law from Swedish courts illustrates the problem with drawing the line between assisted suicide and euthanasia. The perpetrator’s independent conduct and the killed individual’s active involvement are crucial elements in this assessment.
Refraining from or discontinuation of potentially life-sustaining treatment is allowed in Sweden and these measures arises concerning patients which are in the final stages of life. It is up to the individual to decide whether a life-sustaining treatment should be commenced or suspended, wherefore the doctor is not allowed to perform any of these actions against the patient’s will.
In the Netherlands, both assisted suicide and euthanasia is permissible, but the measures must be undertaken by a physician. When the physician performs the death helping action, he gives the patient a drug that terminates the person's life. In Switzerland, only assisted suicide is allowed, which means that a doctor prescribes a drug that the patient takes to end his or her life. There is no requirement that a doctor must assist during the suicide. In Switzerland, there are special suicide clinics which people can turn to if they want help to die. Two of them also provide their services for individuals that are not Swiss citizens. Both the Netherlands and Switzerland have specific control systems designed to provide protection against the misuse of euthanasia.
The Swedish population has a more positive attitude towards euthanasia than the medical profession has, and the situation is the same in the Netherlands and Switzerland. In Sweden, the view on euthanasia is still more restrictive and the perception of the physician’s role is different from the compared countries. Therefore the question of legalizing euthanasia is yet to receive a thorough investigation.
The human right to self-determination is a fundamental right, which in most situations in life is considered to be of high importance. This approach also applies in the department of medical care, in which the respect for the individual integrity and autonomy is emphasized. Regarding the final stages of life, the right to self-determination and the right to control how and when a person wants to end his or her life is however forced to stand aside in favor of other interests. Swedish law does not provide a right for individuals to get euthanized, not even if death is imminent and the patient’s suffering can not be relieved satisfactorily. Furthermore case law from the European Court of Human Rights has determined that there is no obligation for a state to provide its citizens with the opportunity to get assisted suicide.
Neither suicide, nor assistance therewith, is punishable according to Swedish law. Therefore it is possible for a person to help another to die without being penalized, provided that the act is deemed to be aiding suicide- not euthanasia. Case law from Swedish courts illustrates the problem with drawing the line between assisted suicide and euthanasia. The perpetrator’s independent conduct and the killed individual’s active involvement are crucial elements in this assessment.
Refraining from or discontinuation of potentially life-sustaining treatment is allowed in Sweden and these measures arises concerning patients which are in the final stages of life. It is up to the individual to decide whether a life-sustaining treatment should be commenced or suspended, wherefore the doctor is not allowed to perform any of these actions against the patient’s will.
In the Netherlands, both assisted suicide and euthanasia is permissible, but the measures must be undertaken by a physician. When the physician performs the death helping action, he gives the patient a drug that terminates the person's life. In Switzerland, only assisted suicide is allowed, which means that a doctor prescribes a drug that the patient takes to end his or her life. There is no requirement that a doctor must assist during the suicide. In Switzerland, there are special suicide clinics which people can turn to if they want help to die. Two of them also provide their services for individuals that are not Swiss citizens. Both the Netherlands and Switzerland have specific control systems designed to provide protection against the misuse of euthanasia.
The Swedish population has a more positive attitude towards euthanasia than the medical profession has, and the situation is the same in the Netherlands and Switzerland. In Sweden, the view on euthanasia is still more restrictive and the perception of the physician’s role is different from the compared countries. Therefore the question of legalizing euthanasia is yet to receive a thorough investigation.
Department/s
Publishing year
2014
Language
Swedish
Full text
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Document type
Student publication for professional degree (Master's level)
Topic
- Law and Political Science
Keywords
- Eutanasi
- Dödshjälp
Supervisor
- Helén Örnemark Hansen (Associate Professor)