Euthanasia in Switzerland
Encyclopedia
Legislation on euthanasia in Switzerland permits assisted suicide
. For example, deadly drugs may be prescribed as long as the recipient takes an active role in the drug administration. Active euthanasia (such as administering a lethal injection) is not legal. For assisted suicide, the law doesn't require a physician to be involved, nor does it require the recipient to be a Swiss national. These aspects of the law are unique in the world.
Article 115 was interpreted as legal permission to set up organizations administering life-ending medicine only in the 1980s, 40 years after its coming into effect.
is not necessarily contra-indicated and thus no longer generally a violation of medical duty of care. However, utmost restraint needs to be exercised: It has to be distinguished between the wish to die that is expression of a curable psychic distortion and which calls for treatment, and the wish to die that bases on a self-determined, carefully considered and lasting decision of a lucid person ("balance suicide") which possibly needs to be respected.
If the wish to die bases on an autonomous, the general situation comprising decision, under certain circumstances even mentally ill may be prescribed Sodium-Pentobarbital and thus be granted help to commit suicide." "Whether the prerequisites for this are given cannot be judged on separated from medical – especially psychiatric – special knowledge and proves to be difficult in practice; therefore, the appropriate assessment requires the presentation of a special in-depth psychiatric opinion." In an essay in the Hastings Center Report
, bioethicist Jacob M. Appel
advocated adopting similar rules in the United States.
On August 22, 2007, Paul Rubin of the Phoenix-based New Times
broke the story of Jana Van Voorhis, a woman with a history of mental illness whose suicide was assisted by the Final Exit Network
. The case drew strong criticism from conservative bioethicist Wesley J. Smith
in his Second Hand Smoke column.
Euthanasia organisations have been widely used by foreigners, most notably Germans, as well as the Swiss, in what critics have termed suicide tourism
. Around half of the people helped to die by the organisation Dignitas
have been Germans.
In July 2009, British conductor Sir Edward Downes and his wife Joan died together at a suicide clinic outside Zürich "under circumstances of their own choosing." Sir Edward was not terminally ill, but his wife was diagnosed with rapidly developing cancer.
In May 2011, a referendum was held over whether assisted suicide should be banned, and a separate question asked whether overseas individuals should be prevented from access to assisted suicide services. Eighty four percent of voters opposed any ban on access to assisted suicide, while seventy eight percent were opposed to banning overseas individuals access to such services
Assisted suicide
Assisted suicide is the common term for actions by which an individual helps another person voluntarily bring about his or her own death. "Assistance" may mean providing one with the means to end one's own life, but may extend to other actions. It differs to euthanasia where another person ends...
. For example, deadly drugs may be prescribed as long as the recipient takes an active role in the drug administration. Active euthanasia (such as administering a lethal injection) is not legal. For assisted suicide, the law doesn't require a physician to be involved, nor does it require the recipient to be a Swiss national. These aspects of the law are unique in the world.
Article 115
Article 115 of the Swiss penal code, which came into effect in 1942 (having been approved in 1937), considers assisting suicide a crime if and only if the motive is selfish. The code does not give physicians a special status in assisting suicide; however, they are most likely to have access to suitable drugs. Ethical guidelines have cautioned physicians against prescribing deadly drugs.Article 115 was interpreted as legal permission to set up organizations administering life-ending medicine only in the 1980s, 40 years after its coming into effect.
Exceptional cases of assisted suicide
However, they also recognize that in exceptional, and defined, cases physicians may justifiably assist suicide. When an assisted suicide is declared, a police inquiry may be started. Since no crime has been committed in the absence of a selfish motive, these are mostly open and shut cases. In rare cases, prosecution happens if doubts are raised on the patient's competence to make an autonomous choice.Prescription of drugs for the mentally ill
Based on more recent ethical, juridical and medical statements, a possible prescription of Sodium-PentobarbitalPentobarbital
Pentobarbital is a short-acting barbiturate that was first synthesized in 1928. Pentobarbital is available as both a free acid and a sodium salt, the former of which is only slightly soluble in water and ethanol....
is not necessarily contra-indicated and thus no longer generally a violation of medical duty of care. However, utmost restraint needs to be exercised: It has to be distinguished between the wish to die that is expression of a curable psychic distortion and which calls for treatment, and the wish to die that bases on a self-determined, carefully considered and lasting decision of a lucid person ("balance suicide") which possibly needs to be respected.
If the wish to die bases on an autonomous, the general situation comprising decision, under certain circumstances even mentally ill may be prescribed Sodium-Pentobarbital and thus be granted help to commit suicide." "Whether the prerequisites for this are given cannot be judged on separated from medical – especially psychiatric – special knowledge and proves to be difficult in practice; therefore, the appropriate assessment requires the presentation of a special in-depth psychiatric opinion." In an essay in the Hastings Center Report
Hastings Center Report
Since 1971, the Hastings Center Report has been one of the leading journals of bioethics in the United States. It is published six times each year by the Hastings Center in Garrison, New York. Gregory Kaebnick is the current editor....
, bioethicist Jacob M. Appel
Jacob M. Appel
Jacob M. Appel is an American author, bioethicist and social critic. He is best known for his short stories, his work as a playwright, and his writing in the fields of reproductive ethics, organ donation, neuroethics and euthanasia....
advocated adopting similar rules in the United States.
Debate
Recent debate in Switzerland has focused on assisted suicide rights for the mentally ill. A decision by the Swiss Federal Supreme Court on November 3, 2006, laid out standards under which psychiatric patients might terminate their lives: “It cannot be denied that an incurable, long-lasting, severe mental impairment similar to a somatic one can create a suffering out of which a patient would find his/her life in the long run not worth living anymore."On August 22, 2007, Paul Rubin of the Phoenix-based New Times
Phoenix New Times
The Phoenix New Times is a free, weekly Phoenix, Arizona newspaper, put out every Thursday. It is the founding publication of the New Times Media , but The Village Voice is now the flagship publication of that company....
broke the story of Jana Van Voorhis, a woman with a history of mental illness whose suicide was assisted by the Final Exit Network
Final Exit Network
The Final Exit Network is an American all-volunteer organization that offers counseling, support, and guidance in a successful suicide to individuals who are suffering from an intolerable illness. The organization believes that individuals suffering from intolerable illnesses deserve a dignified...
. The case drew strong criticism from conservative bioethicist Wesley J. Smith
Wesley J. Smith
Wesley J. Smith is a lawyer and an award-winning author, a Senior Fellow at the Discovery Institute's Center on Human Exceptionalism. He is also a lawyer and consultant for the International Task Force on Euthanasia and Assisted Suicide, and a special consultant for the Center for Bioethics and...
in his Second Hand Smoke column.
Euthanasia organisations have been widely used by foreigners, most notably Germans, as well as the Swiss, in what critics have termed suicide tourism
Suicide tourism
Suicide tourism is a form of tourism associated with the pro-euthanasia movement which organizes trips for potential suicide candidates in the few places where euthanasia is tolerated, in the hopes of encouraging the decriminalization of the practice in many parts of the world.-Cambodia:An...
. Around half of the people helped to die by the organisation Dignitas
Dignitas (euthanasia group)
Dignitas is a Swiss assisted dying group that helps those with terminal illness and severe physical and mental illnesses to die assisted by qualified doctors and nurses...
have been Germans.
In July 2009, British conductor Sir Edward Downes and his wife Joan died together at a suicide clinic outside Zürich "under circumstances of their own choosing." Sir Edward was not terminally ill, but his wife was diagnosed with rapidly developing cancer.
In May 2011, a referendum was held over whether assisted suicide should be banned, and a separate question asked whether overseas individuals should be prevented from access to assisted suicide services. Eighty four percent of voters opposed any ban on access to assisted suicide, while seventy eight percent were opposed to banning overseas individuals access to such services