Aktiv eutanasi och assisterat självmord - en studie
Active euthanasia and assisted suicide - a study
Author
Summary, in English
Summary
Active euthanasia and assisted suicide are two issues that from time to time appear in the Swedish public debate. It is however few politicians that want to bring up the issues, in spite of that a considerate part of the Swedish population have positive attitude to legalise active euthanasia. Through the years a number of cases have addressed the issue about active euthanasia but the legal position about certain types of active euthanasia is unclear.
The purpose with this thesis is to determine how todays legislation looks like and how it is applied when it comes to active euthanasia and assisted suicide in Sweden. I have also chosen to make a comparative study where I have investigated how the Netherlands and Switzerland have decided in the issues about active euthanasia and assisted suicide. I have also brought up two cases from the European Court of Human Rights that address the legality of active euthanasia and assisted suicide.
The thesis overriding questions are the following:
• How have Switzerland and the Netherlands chosen to regulate the questions about active euthanasia and assisted suicide?
• What is the difference between active euthanasia and passive euthanasia and is this difference legally tenable?
• Is today’s legislation sufficient or is a special regulation needed and what should a special regulation contain?
The conclusions that I have drawn from this thesis are the following:
• The Netherlands and Switzerland have decided to regulate the issues that regards active euthanasia and assisted suicide in different ways. The system that the Netherlands have implemented includes that only doctors are allowed to perform assisted suicide and active euthanasia and that there is a supervisory body that inspects that the procedures are carried out in an adequate way.
• Switzerland is not allowing active euthanasia but assisted suicide is allowed. The issue about the practise of assisted suicide is unregulated in the Swiss penal code aside from the limitation that a person that assist to persons suicide are not allowed to gain from the outcome of the suicide like an economic profit.
• The fact that there is a difference between active euthanasia and passive euthanasia is accurate but one important matter is that passive euthanasia and certain types of active euthanasia are legal in Sweden.
• Today’s legislation is not enough regarding active euthanasia and a special regulation is necessary to bring clarity in the issue about active euthanasia so that the justice becomes predictable.
• A special regulation should contain a regulatory framework that is inspired by the Dutch model and that would implicate that certain types of active euthanasia and assisted suicide would be legalised.
Active euthanasia and assisted suicide are two issues that from time to time appear in the Swedish public debate. It is however few politicians that want to bring up the issues, in spite of that a considerate part of the Swedish population have positive attitude to legalise active euthanasia. Through the years a number of cases have addressed the issue about active euthanasia but the legal position about certain types of active euthanasia is unclear.
The purpose with this thesis is to determine how todays legislation looks like and how it is applied when it comes to active euthanasia and assisted suicide in Sweden. I have also chosen to make a comparative study where I have investigated how the Netherlands and Switzerland have decided in the issues about active euthanasia and assisted suicide. I have also brought up two cases from the European Court of Human Rights that address the legality of active euthanasia and assisted suicide.
The thesis overriding questions are the following:
• How have Switzerland and the Netherlands chosen to regulate the questions about active euthanasia and assisted suicide?
• What is the difference between active euthanasia and passive euthanasia and is this difference legally tenable?
• Is today’s legislation sufficient or is a special regulation needed and what should a special regulation contain?
The conclusions that I have drawn from this thesis are the following:
• The Netherlands and Switzerland have decided to regulate the issues that regards active euthanasia and assisted suicide in different ways. The system that the Netherlands have implemented includes that only doctors are allowed to perform assisted suicide and active euthanasia and that there is a supervisory body that inspects that the procedures are carried out in an adequate way.
• Switzerland is not allowing active euthanasia but assisted suicide is allowed. The issue about the practise of assisted suicide is unregulated in the Swiss penal code aside from the limitation that a person that assist to persons suicide are not allowed to gain from the outcome of the suicide like an economic profit.
• The fact that there is a difference between active euthanasia and passive euthanasia is accurate but one important matter is that passive euthanasia and certain types of active euthanasia are legal in Sweden.
• Today’s legislation is not enough regarding active euthanasia and a special regulation is necessary to bring clarity in the issue about active euthanasia so that the justice becomes predictable.
• A special regulation should contain a regulatory framework that is inspired by the Dutch model and that would implicate that certain types of active euthanasia and assisted suicide would be legalised.
Department/s
Publishing year
2014
Language
Swedish
Document type
Student publication for professional degree (Master's level)
Topic
- Law and Political Science
Keywords
- Straffrätt
Supervisor
- Per Ole Träskman (Professor)