Assisted dying
Overseas
Assisted dying overseas

A number of countries have enacted legislation to provide terminally ill people with the choice an assisted death, within legal safeguards. These safeguards have protected vulnerable people [1] whilst ensuring that terminally ill patients do not have to suffer unnecessarily against their wishes.

Research also shows that in these countries, palliative care is making great steps forward whilst working alongside the assisted dying laws.  If we look at the USA, the state of Oregon - which allows assisted dying - is consistently found to provide amongst the best palliative care in the USA. Currently, 88% of those who receive prescriptions under assisted dying legislation in Oregon receive hospice care [2]. Furthermore, health professionals' skills, knowledge and communication with dying patients have improved in places with assisted dying legislation [3]. Experiences in other countries demonstrates that assisted dying legislation can clearly work alongside established health care methods and systems [4].

International update:

Belgium

The Belgian Act on Euthanasia was passed in May 2002. The law allows adults who are in a "futile medical condition of constant and unbearable physical or mental suffering that cannot be alleviated" to request voluntary euthanasia. 

Luxembourg

In February 2008, the Luxembourg Parliament approved a Law on the Right to Die with Dignity. This allows a person who is suffering unbearably from an illness, and is mentally competent, to request medical assistance to die.

The Netherlands

The Netherlands introduced assisted dying legislation in 2002. Patients who have an incurable condition, face unbearable suffering and are mentally competent may be eligible for voluntary euthanasia or assisted dying.

There are about 3,500 cases of assisted dying or voluntary euthanasia a year.

Since the legislation has been in place rates of non-voluntary euthanasia (i.e. doctors actively ending patients' lives without having been asked by them to do so) decreased from 0.8% of all deaths in 1991 (1,000 deaths) to 0.4% in 2005 (550 deaths).

Oregon (USA)

The Oregon Death with Dignity Act has been in place for 10 years. It gives terminally ill, mentally competent people the option of an assisted death. Recent research from the Journal of Medical Ethics concluded that in Oregon there is no evidence of abuse or the so-called 'slippery slope'. 

The numbers using the Act to die are low and steady - and in ten years just 341 people have been assisted to die, but many more have taken comfort from knowing the option is there.

Switzerland

Voluntary euthanasia is forbidden in Switzerland. However, Article 115 of the Swiss Penal Code exempts people who assist someone to commit suicide, if they act with entirely honourable motives.

Washington (USA)

Washington state voted in favour of an assisted dying law modelled on the Oregon legislation (the vote took place alongside the presidential election November 2008).

58% of Washingtonians voted in favour of a change in the law in a voter initiative - the law will not come into effect instantaneously, and may face challenges (as the Oregon law did when it was endorsed in a similar voter initiative).

And pressure for change continues in other countries:

France

There was a public outcry following the case of Chantal Sebire, a mother of three, who had a rare and extremely painful form of cancer, and was refused an assisted death in February 2008.


Following Chantal Sebire's death, President Sarkozy ordered a study of possible amendments to the law. Several senior French politicians have said they favoured a right to assisted dying.

Spain

Minister of Justice Mariano Fernandez Bermejo recently met with campaigners for a change in the law on assisted dying in Summer 2008. He has since said that the Ministry will study the possible reform of the law.

 

Footnotes

1. Independent research has found no evidence to justify the grave concerns about the negative impact of assisted dying legislation on potentially vulnerable groups. Researchers carefully examined data from Oregon and the Netherlands and assessed the use of assisted dying legislation for a number of potentially vulnerable groups. The researchers concluded there was no evidence to support claims that assisted dying legislation would have a negative impact on these people - Margaret P Battin, Agnes van der Heide, Linda Ganzini, Gerrit van der Wal, Bregje D Onwuteaka-Philipsen, 'Legal physician-assisted dying in Oregon and the Netherlands: evidence concerning the impact on patients in vulnerable groups', Journal of Medical Ethics 2007; 33:591-597

2. Annual Report on Oregon's Death with Dignity Act, Department of Human Services, March 2007

3. Ganzini et al, 'Oregon Physician's attitudes about and experiences with end-of-life care since the passage of the Oregon Death with Dignity Act', JAMA, 285;18, May 9 2001, 2363-2369. Goy et al, 'Oregon hospice nurses and social workers' assessment of physician progress in palliative care over the past 5 years', Palliative and Supportive Care 2003, 1, 215-219

4. Bernheim et al, 'Development of palliative care and legalisation of euthanasia: antagonism or synergy?', BMJ 2008, 336: 864-867