In Austria, assisted suicide (when the patient decides to end their life and carries out the last act themselves) is permitted under certain conditions after a ruling by the Constitutional Court, which came into force in 2022.

However, the issue is back in Austria’s highest court after a group of people found the current rules too strict, according to a Kurier report. In one case, a patient claims assisted suicide is not enough and aims to be allowed to receive active euthanasia. The difference is that currently, only the patient themselves can take the infusion that will kill them; it would be illegal for someone else to administer the solution.

One of the plaintiffs with the Constitutional Court, Nikola Göttling, has a neuropsychological illness that is slowly killing her, the Kurier said. She told the newspaper that she fears she will miss “the right moment”, that point just before she is paralysed and unable to take the lethal drug without assistance.

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So, what are the rules for assisted suicide?

The Austrian ruling on the issue is complex. People who want to go through with it need to make a Sterbeverfügung, which could be translated as a “dying will”. They must be adults and capable of making a decision, and they must perceive their condition as suffering that cannot be avoided in any other way.

The process for such a will is long. First, two physicians (one that could be a general practitioner and the other who must have a palliative qualification) have to “clarify” the situation to the patient. They will also confirm the existence of the illness and independently verify the person’s decision-making capacity.

If one of the doctors doubts the patient’s decision-making capacity, it needs to be reassessed by psychiatrists or psychologists.

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After that, the patient needs to wait a period of 12 weeks before the will can be drawn up – “this period is seen as necessary to overcome crisis phases”, according to the federal government. There is a shorter deadline of two weeks for people in the terminal phase, with only a few weeks to live.

Finally, the “dying will” can be drawn up with a notary or lawyer. With it, the person who wants to die can collect a lethal preparation from a pharmacy and then take it themselves. If the patient is bedridden, an authorised person can pick it up, or the pharmacy can deliver it – however, the patient needs to be able to take it themselves.

“That means great stress for me, If it were possible for someone else to help me die, that would be life-prolonging in my case,” said Göttling, who told the Kurier that she wanted to live for as long as possible but that the current law forces her to take the step earlier.

BACKGROUND: Austria court rules assisted suicide must be legalised

What are some of the criticism?

Some groups have already objected to the law and filed suits with the Constitutional Court in Austria. 

The Austrian Society for a Humane End of Life (ÖGHL) also argues that the “rigid ban on communication” makes it impossible for people to get the information they need on their rights, according to an ORF report. 

“We receive many inquiries from people seeking help who cannot find their way around the law. We would like to help as an association, but we are not allowed to”, they told the broadcaster.

The long waiting period of 12 weeks is also criticised, as organisations say it exposes those affected to the risk of them no longer being able to carry out suicide.

Additionally, a “conscience clause” in the regulation also states that no one is obligated to offer or perform assistance in establishing the will, which means that, for example, pharmacists can deny dispensing the preparation. 

In 2022, 111 dying wills were registered. However, the number of people who actually took the lethal drug is significantly lower, according to the Kurier.