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EUTHANASIA

OFFICIAL: Spain legalises euthanasia and assisted suicide

Spain's parliament has voted through a law legalising euthanasia , becoming one of the few nations to allow terminally-ill or gravely-injured patients to end their own suffering.

OFFICIAL: Spain legalises euthanasia and assisted suicide
A man holds a placard reading "I decide when and how to die" during a demo in support of a law legalising euthanasia. Photo: Javier Soriano/AFP

A priority for Socialist Prime Minister Pedro Sanchez’s government, the law was drafted following public pressure generated by several high-profile cases, notably that of Ramon Sampedro whose plight was immortalised in the Oscar-winning 2004 film “The Sea Inside”.

The vote, which passed by 202 in favour and 141 against and two abstentions in the 350-seat chamber, makes Spain the fourth European nation to decriminalise assisted suicide, alongside the Netherlands, Belgium and Luxembourg.

Although Portugal’s parliament passed a similar law in January, it was blocked this week by the Constitutional Court.

“Today we have become a country that is more humane, fairer and freer. The euthanasia law, widely demanded by society, has finally become a reality,” Sanchez tweeted just minutes after the vote.

“Thanks to all the people who have fought tirelessly for the right to die with dignity to be recognised in Spain.”

The Spanish legislation will permit euthanasia in which medical staff intentionally end a life to relieve suffering, and assisted suicide in which it is the patient who carries out the procedure.

Various other countries permit assisted suicide as well as “passive euthanasia” in which life-saving medical treatment is halted.

Speaking to AFP, Ramona Maneiro, a friend of Sampedro’s who was arrested for helping him die but not prosecuted for lack of evidence, hailed the move as a victory “for those who can benefit from it” and “for Ramon”.

Strict conditions

Backed by leftwing and centrist parties, the legislation allows anyone with a “serious or incurable illness” or a “chronic or incapacitating” condition to request help dying, thereby avoiding “intolerable suffering”.

But the patient must be a Spanish national or a legal resident and must be “fully aware and conscious” when they make the request, which must be submitted twice in writing, 15 days apart.

However a doctor can reject the request if the requirements have not been met; it must be approved by a second medic and by an evaluation body.

Any medic can withdraw on grounds of “conscience” from taking part in the procedure that would be available through Spain’s national health service.

The move has been hailed by patients and right-to-die campaigners.

“It doesn’t make any sense that people… would choose to live an undignified life,” said Sofia Malagon, 60, who has Parkinson’s and worries what will happen if she gets dementia.

“I don’t want to be left like a vegetable.”

Protesters in Madrid dressed as the Grim Reaper hold a placard reading “Government of death” during a demo against the new law legalising euthanasia, on March 18, 2021. Photo: JAVIER SORIANO/AFP

‘Form of murder’

But the move has been roundly rejected by the Catholic Church and Spain’s right and far-right opposition, and some medics have raised questions about its implementation.

Euthanasia “is always a form of murder since it involves one man causing the death of another,” said the Episcopal Conference that groups Spain’s leading bishops.

“Life cannot be left in the hands of the authorities,” said Lourdes Mendez Monasterio, an MP for the far-right Vox party which has vowed to appeal to the Constitutional Court.

“We will not rest until ensuring that at the end of life, a person can die with dignity without pain and without being killed,” she told the chamber.

Since the mid-1980s when euthanasia first entered the public debate, the most famous case has been that of Ramon Sampedro, who became a tetraplegic after breaking his neck and fought an unsuccessful 30-year court battle to end his own life with dignity.

He died in 1998 with the help of his friend with his story told in “The Sea Inside” starring Hollywood actor Javier Bardem that won the 2005 best-foreign language Oscar.

A different but equally high-profile case was that of Luis Montes, an anaesthetist accused of causing the deaths of 73 terminal patients at a Madrid hospital.

A court dropped the case against him in 2007.

More recently, pensioner Angel Hernandez was arrested in 2019 and is awaiting trial for helping his wife end her life after decades suffering from multiple sclerosis.

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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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