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Stricter rules for euthanasia rejected

The Swiss government on Wednesday rejected proposals to tighten rules on assisted suicide, saying that they could inadvertently legitimise organisations offering assisted suicide.

Published: 29 June 2011 15:37 CEST

“The Federal Council decided against introducing specific provisions in criminal law on organised assisted suicide. It concluded that such an amendment to criminal law would have various drawbacks,” it said.

Amid an emotional uproar sparked by several international media reports and documentaries on foreigners who had come to Switzerland to die as well as on the practice of assisted suicide in the country, Bern in 2008 decided to reassess legislation on the issue.

The government was earlier leaning towards amending rules to impose certain “duties of care” to employees of organisations offering assisted suicide, such as requiring them to help only those who freely declare their will to die after having thoroughly considered the issue.

But on Wednesday, it rejected this option as well as another proposal for an outright ban on organisations offering assisted suicide, noting that any revisions to current law could lead to several negative effects.

“One such argument is that it could officially legitimise assisted suicide organisations, which could provide people with an incentive to take up their services,” said the government.

“Furthermore, a change in legislation would not be well accepted particularly by doctors whose professional body during the consultation process came out against making medical practice out of assisted suicide,” it added.

In Switzerland a person may be given “passive” or “indirect active” assistance to suicide, such as being supplied with a lethal dose of a drug, provided it is not done for selfish motives or for gain.

Dignitas, a Swiss organisation founded by controversial human rights activist Ludwig Minelli that assists the terminally ill, said that by the end of 2010 it had worked with 1,138 people seeking to end their lives.

The list includes 592 people from Germany, 102 from France, 118 Swiss nationals, 19 Italians, 18 US nationals and 16 people from Spain.

On May 15 voters in the canton of Zurich, which has become known as a hub for “death tourism”, voted against plans to restrict assisted suicide to local residents.

A person in a medical coat holds hands with another

Euthanasia and assisted suicide might be spoken of in the same breath, but they are quite different. Here's what you need to know. Photo by Matheus Ferrero on Unsplash

The terms assisted suicide, assisted dying and euthanasia are often used interchangeably – even by media and politicians covering the matter.

There are however some key differences, both in terms of the legal situation and the practice itself.

Assisted suicide is where a medical professional, usually a doctor but sometimes a pharmacist or other specialist, provides some form of medication to assist a patient as they commit suicide.

EXPLAINED: How foreigners can access assisted suicide in Switzerland

Crucially, it is the patient who takes the final step, i.e. by taking a medication or by pressing a switch through which the medication is administered.

Euthanasia on the other hand is where the medication which ends someone’s life is administered by a doctor or medical professional.

Euthanasia is sometimes known as voluntary euthanasia, which references the fact that the patient volunteers for the process by providing consent.

Other forms of medical intervention which lead to death – for instance turning off life support for someone who has been in a long-term coma – do not fit within the definition of voluntary euthanasia.

The term ‘assisted dying’ is used as a grouping term to refer to both assisted suicide and euthanasia, although media sources – particularly in the United Kingdom – often use assisted dying when referring primarily to assisted suicide.

What are the rules for assisted suicide and euthanasia in Switzerland?

The law in Switzerland recognises the distinction between assisted suicide and euthanasia.

Euthanasia is not permitted under law in Switzerland, while assisted suicide is allowed for both locals and foreigners.

While article 115 of the Swiss penal code prohibits assisted suicide for “self-serving reasons” and article 114 prohibits “causing the death” of a person for “commendable motives, and in particular out of compassion for the victim”, assisted suicide for non-selfish reasons is not specifically prohibited as long as certain conditions are met.

The Swiss supreme court has ruled the following: people must commit suicide by their own hand, for example, by taking medication themselves. A doctor cannot administer a lethal injection without being liable for criminal prosecution.

People must also be aware of actions they are undertaking and have given due consideration to their situation. In addition, they be consistently sure they wish to die, and, of course, not be under the influence of another person, or group of persons.

READ MORE: What you need to know about assisted suicide in Switzerland

Several other jurisdictions across Europe and the globe also make a legal distinction between the two, although euthanasia is legal in some countries including the Netherlands, Belgium, Luxembourg and Columbia.

What is the medical procedure involved?

Most Swiss associations request that patients drink sodium pentobarbital, a sedative that in strong enough doses causes the heart muscle to stop beating.

Since the substance is alkaline, it burns a bit when swallowed.

A professional prepares the needle, but it is up to the patient to open the valve that allows the short-acting barbiturate to mix with a saline solution and begin flowing into their vein.

A video is shot of the patient stating their name, date of birth and that they understand what they are about to do. The camera keeps rolling as they open the valve and the footage is used as evidence that they willingly took their own life.

It usually takes about 20 to 30 seconds for the patient to fall asleep.

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