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EUTHANASIA

UN body weighs in on French right-to-die case

A UN committee has asked France to suspend any decision to withdraw life support for a man kept alive in a vegetative state for a decade, weighing in on a bitterly-disputed legal case which has torn his family apart.

UN body weighs in on French right-to-die case
Philip Lambert has been in a vegetative state since a car accident in 2008. Photo: Courtesy of the Lambert Family / AFP
The move by the UN committee on disabled rights was the latest twist in a long-running legal drama that has ignited a heated debate in France on the right to die. 
 
The case centres on the fate of Vincent Lambert who suffered severe brain damage after a car accident in 2008 which left him a quadriplegic. Since then, he has been kept alive through artificial nutrition and hydration at a hospital in Reims, northeastern France.
 
In 2014, the doctors, backed by Lambert's wife Rachel, five of his siblings and his nephew Francois decided to stop his nutrition and hydration in line with France's passive euthanasia law.
   
But his parents, deeply-devout Catholics, and his half-brother and sister obtained a court order to halt the move on grounds his condition might improve with better treatment.
 
A video posted at the time shook France as it seemed to show Lambert attempting to communicate, although a doctor condemned it as “manipulative”. 
 
 
Speaking to AFP late Saturday, Jerome Triomphe, a lawyer for Lambert's parents, said the UN committee had asked
France to suspend a decision to halt the intravenous food and water keeping him alive while it conducts its own investigation.
   
“The application has been filed and this international committee has begun its investigation,” he said, indicating it could take “several years”.
 
 
With the inquiry under way, the committee had asked France to ensure that Lambert's care was continued, in line with the conventions on disabled rights, Triomphe said.
   
In response, Health Minister Agnes Buzyn said although France would answer the UN committee, it was not under any legal requirement to abide by its request.
 
“We are not legally bound by this committee, but of course we will take into account what the UN says, and we will respond,” she told BFMTV on Sunday.
 
“All the legal appeals have been exhausted and all judicial bodies, both national and European, confirm that the medical team in charge of his case has the right to halt (Lambert's) care.”
 
Palliative care or specialised unit?
 
“This is a great accomplishment: finally, a specialised body will be able to consider the merits of the case,” Triomphe said. “Is it right for him to be in a palliative care service… or should he be in a specialised unit?” 
   
Since the legal battle first began, the French courts have largely backed the doctors, upholding a decision earlier this year to withdraw life support for Lambert, a former psychiatric nurse who is now 42. 
   
His parents then appealed to the Council of State, France's highest administrative court, and when it confirmed the decision late last month, they then turned to the European Court of Human Rights and the UN committee on disabled rights. 
   
In a ruling issued on Tuesday, the European court rejected their appeal for a suspension, echoing a 2015 decision. But it was accepted by the UN committee, which has given France six months to present its observations on the case. 
   
Gerard Chemla, lawyer for Lambert's nephew Francois, described the latest twist as “appalling”, telling AFP the UN committee's intervention “in the name of human rights, would violate the rights of a man who has been suffering  gratuitously for years”.
   
Active euthanasia, by which a person deliberately causes a patient's death, is illegal in France despite recent efforts to ease legislation dealing with the terminally ill.

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EUTHANASIA

Switzerland: What is the difference between assisted suicide and euthanasia?

While the terms often are used interchangeably, assisted suicide and euthanasia - and the laws that govern them - are quite different. Here’s what you need to know.

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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