The Swiss government is considering restricting or even banning organised assisted suicide in an attempt to reduce so-called "death tourism". Swiss authorities want to ensure euthanasia is a last resort for the terminally ill, amid fears their current laws on assisted suicide could be open to abuse. A study last year suggested more and more people seeking help to die in Switzerland did not have a terminal illness. "We have no interest, as a country, in being attractive for suicide tourism," the Swiss justice minister, Eveline Widmer-Schlumpf, told reporters in Berne, adding that more foreigners were travelling to Switzerland to die.
L’interdiction de l’homicide s’applique sans restriction en Suisse. L’euthanasie active directe (homicide intentionnel visant à abréger les souffrances d’une personne) est ainsi interdite. En revanche, l’euthanasie active indirecte (utilisation de substances dont les effets secondaires peuvent réduire la durée de la survie) et l’euthanasie passive (renonciation à la mise en œuvre de mesures de maintien de la vie ou interruption de celles-ci), sous certaines conditions, ne sont pas punissables – sans être réglées expressément au niveau la loi. Il n’y a pas de nécessité de légiférer à propos de ces trois formes d’euthanasie. Afin d’empêcher que l’assistance organisée au suicide ne se transforme en une activité orientée vers le profit et de mieux protéger la vie humaine, deux options sont à l’étude : l’adoption de restrictions législatives d’une part, et l’interdiction des organisations d’assistance au suicide d’autre part.
A 46-year-old-man who wants to die after a stroke that left him almost completely paralysed is bringing a groundbreaking legal action that could effectively lead to the legalisation of assisted suicide in the UK. Martin was a fit and active man who enjoyed rugby, cars and socialising with friends in the pub before suffering a brainstem stroke three years ago. Now requiring round-the-clock care, his mobility is limited to moving his eyes and small movements of his head. He communicates by staring at letters on a computer screen which the machine recognises and forms into words spoken by a digitised voice. Martin has been asking to die since six months after the stroke but says he has no one willing to assist him and cannot on his own organise a trip to the Swiss clinic Dignitas, where he could end his life legally. His wife, who chooses to be known as Felicity, says she will be with him if he dies but will not help bring about his death.
Berne. On Wednesday, 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. In response to the outcome of the consultation process, the Federal Council instructed the Federal Department of Justice and Police (FDJP) on to revise the proposed definition of due diligence for employees of assisted suicide organisations. Today, the Federal Council concluded that such a revision would only specify in detail the obligations which already arise from the prevailing law (Article 115 of the Criminal Code ); to render assisted suicide admissible, the current legal provisions already require the person seeking suicide to have the mental capacity to consent and to be sufficiently well informed. Moreover, the term "selfish motives" referred to in the abovementioned legislation already renders criminal prosecution possible in cases of assisted suicide abuse.
Decades ago, when right-to-die movement first got underway, the Swiss gave broad support to a practice widely viewed as a personal choice. Backed by the world's most liberal right-to-die laws, assisted-suicide groups have since then quietly helped thousands kill themselves. Lately, the increasingly controversial activities of Dignitas and its founder, Ludwig Minelli, are pushing even the famously tolerant Swiss too far, prompting calls for changes in the nation's assisted-suicide law. Mr. Minelli has long played the agent provocateur of Switzerland's right-to-die movement, most notably because his group helps the lion's share of foreigners who come to Switzerland seeking to end their lives.
Two people have been arrested on suspicion of assisting the suicide of a disabled man from South Tyneside. Retired engineer Douglas Sinclair, 76, had been suffering from the debilitating disorder multiple system atrophy, his solicitor said. Christopher Potts said Mr Sinclair died in Zurich on 28 July. He arranged his death through the Swiss assisted-suicide organisation Dignitas. The woman and man who were arrested have been bailed as inquiries continue. Mr Sinclair, a father-of-one, had had the condition for two years. He was being cared for at a care home in Jarrow, South Tyneside, when his conditioned worsened earlier this year.
A respected graphic artist known for characters such as Judge Dredd has died at the Swiss-based assisted suicide clinic Dignitas, it has been revealed. John Hicklenton, 42, who lived in Brighton, died at Dignitas on 19 March following a 10-year fight with Multiple Sclerosis.
A man who is almost completely paralysed is taking legal action in a bid to end his life. His solicitors have told the BBC that they believe his case could have major implications for the way prosecutors in England, Wales and Northern Ireland deal with assisted suicides.
14 June 2011 Sir Terry Pratchett has said witnessing a man being helped to die for a controversial BBC film has not affected his support for assisted suicide. Sir Terry and director of the documentary, Charlie Russell, joined BBC Breakfast the morning after the film was shown on television.
Switzerland has become the final destination of choice for citizens of nearby countries determined to end their own lives in peace. But a vote on Sunday could bring all of that to an end.
A man whose terminally ill partner committed suicide in Switzerland has been arrested on suspicion of helping him end his life. Alan Rees, 57, from Dalston in Hackney, east London, said he went with partner Raymond Cutkelvin to the Zurich base of euthanasia organisation Dignitas. Mr Cutkelvin, 58, who had inoperable pancreatic cancer, died there in February 2007.
Campaigner Debbie Purdy has called for an "open debate" on assisted suicide laws after her landmark court victory. Prosecutors are to clarify the law after Law Lords backed Ms Purdy's call for formal advice on the legal position of those who help a loved one to die.
Kay, an 89-year-old resident of a North Vancouver nursing home, had travelled with family to Zurich, Switzerland, to a clinic called Dignitas. The mother of seven children was in a wheelchair, suffering from a terminal condition called spinal stenosis, which meant her body, as she said, was "totally collapsing."
At least one in 10 suicides in England is by someone with a chronic or terminal illness, found researchers who tried to obtain information on the subject from local health authorities. Coroners told them that people were increasingly killing themselves at a younger age, rather than waiting until they were in severe pain in their 80s or 90s. And two of 15 coroners interviewed also indicated they deliberately avoided probing into possible cases of assisted suicide - which remains illegal in Britain - "often for fear of causing problems for the friends and family left behind".
In a wallet on her kitchen table Debbie Purdy keeps the two pieces of plastic that will enable her to make her final journey. The Visa credit cards — one for her and one for her husband, Omar Puente — have a limit of £7,500. She has not spent a penny because she wants to keep them clear to pay for her death. “We don’t carry them with us because it’s only for use . . .” She stops short of referring specifically to the trip that she plans to make to the Dignitas assisted suicide clinic in Switzerland. “We haven’t really talked about the cards but we both have copies because I am worried that he will need it to get home and stuff like that.” We would not be having this conversation if Ms Purdy, who has multiple sclerosis, had not won a landmark legal victory last year forcing the Director of Public Prosecutions (DPP) to clarify the law on assisted suicide. “I would probably have been dead for six months at this point. It’s terrifying. I love being alive.”
At 63, Pratchett — who has been diagnosed with early-onset Alzheimer's — speaks openly about causing his own death. "I believe everyone should have a good death," he tells NPR's Steve Inskeep. "You know, with your grandchildren around you, a bit of sobbing. Because after all, tears are appropriate on a death bed. And you say goodbye to your loved ones, making certain that one of them has been left behind to look after the shop." Pratchett has become an advocate for legalized assisted suicide in Britain, making him one of many voices in a global debate. Many oppose the practice for religious reasons or because they fear a slippery slope to involuntary euthanasia; but Pratchett has turned the legalization of assisted suicide into something of a personal crusade.
Sir Edward and Lady Downes took their own lives at the Dignitas Clinic in Switzerland on 10 July 2009. Since there was information to suggest that one or both of their children, Mr Caractacus Downes and Ms Boudicca Downes, may have assisted their parents to commit suicide, a police investigation into their acts took place. After a careful review of all the evidence by senior prosecuting lawyers, it has been decided that there is no evidence to support a charge against Ms Downes and that, although there is enough evidence to charge Mr Downes with an offence under section 2(1) of the Suicide Act 1961, a prosecution is not required in the public interest. In relation to Ms Downes, there is no evidence that she undertook any act in England and Wales that could have assisted her parents in committing suicide. Accordingly, there is no evidence to support a prosecution under the Suicide Act 1961.
Switzerland's laws that prohibit killing continue to apply in full. Direct, active euthanasia (deliberate killing in order to end the suffering of another person) is therefore also forbidden. By contrast, both indirect, active euthanasia (the use of means having side-effects that may shorten life) and passive euthanasia (rejecting or discontinuing life-prolonging measures) – while not governed by any specific statutory provisions – are not treated as criminal offences provided certain conditions are fulfilled. No legislative action is needed with regard to these three forms of euthanasia. Legal restrictions and a ban on organised assisted suicide are nonetheless open to debate. They are intended to protect human life better, and to prevent organised assisted suicide becoming a profit-driven business.
Marlisa Tiedemann Dominique Valiquet Law and Government Division Revised 17 July 2008 PRB 07-03E PARLIAMENTARY INFORMATION AND RESEARCH SERVICE SERVICE D’INFORMATION ET DE RECHERCHEPARLEMENTAIRES
Whether the world will one day reach a consensus as to euthanasia and assisted suicide is anyone's guess. In the meantime, the legality of these procedures differs among jurisdictions, and as always some will be tempted to travel in search of that which they cannot get at home. But unlike other areas in which residents of one state or country can take advantage of another's liberality - laws on alcohol, marijuana, and gambling come to mind - the stakes and finality of end-of-life decisions make traveling to undergo life-ending procedures, or "death tourism," of unique concern to policymakers. The United States, save for Oregon and Washington (and maybe Montana), has for the time being decided against legalizing life-ending procedures. As such, state and federal governments would probably take issue with Americans traveling to get help dying. In this Article, I explore the phenomenon of death tourism and how our governments might attempt to prevent its exploitation by Americans.
Russel Ogden has seen enough people end their own lives to convince him that a planned and fully accountable suicide is a right all Canadians should have. This week in the Supreme Court of British Columbia, Mr. Ogden and the Farewell Foundation For The Right To Die will be fighting both the provincial and federal governments to make “self-chosen death” a legal option.
In 2009 the legislature, judges & DPP each turned their attention to issues around assisted suicide. The legislature decided not to change the law. The judges decided the existing law was insufficiently clear & required the DPP to clarify it. The DPP flirted with reforming the law, but then drew back from such a legislative role. His published policy has been considered as a contribution to the regulation of death & dying, & as such has been found wanting. However, considered in the context of the proper roles of Parliament, courts & prosecutors, & seen as an exercise in constitutional restraint, the DPP's approach should be appraised rather differently. From this perspective, the decision of the HL in Purdy raises significant concerns for the legitimacy of decision making in the contested moral issues that arise in healthcare ethics. In our democracy, courts should be wary of usurping legislative authority in areas where the Parliamentary position is clear. …
A leading doctors’ organisation has today warned that doctors face a greater risk of prosecution for assisting a patient’s suicide following the publication of the DPP’s final Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide. The Medical Protection Society (MPS) – which provides indemnity, legal and professional support to around half of all doctors in the UK – said that the new policy sends a clear signal that prosecutions are more likely to be brought against healthcare professionals in circumstances where they might have assisted a patient’s suicide. The organisation warned doctors to be extremely cautious when providing help or advice to patients who are considering assisted suicide.
Following the House of Lords' decision in Purdy, the Director of Public Prosecutions issued an interim policy for prosecutors setting out the factors to be considered when deciding whether a prosecution in an assisted suicide case is in the public interest. This paper considers the interim policy, the subsequent public consultation and the resulting final policy. Key aspects of the policy are examined, including the condition of the victim, the decision to commit suicide and the role of organised or professional assistance. The inclusion of assisted suicides which take place within England and Wales makes the informal legal change realised by the policy more significant than was originally anticipated.
My name is Geraldine McClelland and I have chosen to die today [7 December]. I am 61 years old and am dying from lung and liver cancer, which metastasised from my breast cancer two years ago. The lung cancer is now causing me serious breathing problems, meaning I am largely confined to my flat. I have chosen to travel abroad to die because I can not have the death I want here in the UK. I would like to be able to choose to take medication to end my life if my suffering becomes unbearable for me, at home, with my family and friends around me. But the law in this country prevents me from doing so. As a result I am travelling abroad to take advantage of Switzerland's compassionate law.
Terminally ill patients who want to commit suicide should be able to receive medical help to die, a government adviser on care for the elderly has said. Martin Green, a dementia expert for the Department of Health, said patients who were too frail to take their own lives were being denied “choice” and “autonomy” because assisted suicide is illegal in the UK. In an interview with The Daily Telegraph, he urged ministers to review the law and suggested that a referendum or a free vote in Parliament should be called to settle policy on the issue. “If you’re going to give people ‘choice’, it should extend to whether or not they want to die,” he said.
In this report, Professor Knaplund discusses the Montana Supreme Court case of Baxter v. State of Montana (2009 MT 449), which ruled on the issue of a doctor's liability in a physician aid in dying (PAD) situation. In this case, the plaintiff was suffering from mutual symptoms related to his terminal lymphocytic leukemia and the chemotheraphy treatments he was receiving for it. Along with several other named plaintiffs, including board-certified physicians and the group Compassion and Choice, Mr. Baxter sued to have the state's homicide statute declared to of the constitutional rights of those who are dying to seek a physician's aid in achieving death.
Dignitas, which says that it is a nonprofit organisation, has not published its figures since 2004. Its rationale is that it is driven by its members (6,000 have signed up, 700 from Britain) and their desire to control the nature of their death. Yet even Ludwig Minelli, its director, admits that he rules like a “benign dictator”.
Sir Terry Pratchett, the fantasy writer who was diagnosed with Alzheimer's in 2008, said yesterday he had started the formal process that could lead to his own assisted suicide at the Dignitas clinic in Switzerland. Pratchett, whose BBC2 film about the subject of assisted suicide is to be shown on BBC2 tomorrow, revealed he had been sent the consent forms requesting a suicide by the clinic and planned to sign them imminently. "The only thing stopping me [signing them] is that I have made this film and I have a bloody book to finish," he said during a question-and-answer session following a screening at the Sheffield documentary festival Doc/Fest. He said that he decided to start the process after making the film Terry Pratchett: Choosing to Die, which shows the moment of death of a motor neurone sufferer, millionaire hotel owner Peter Smedley.
Figures obtained by The Daily Telegraph show that more than 30 people travelled to die with the help of Dignitas or Ex-International in 2009. At the same time, a high-profile campaign conducted in Parliament, the courts and the media sought to end the fear of prosecution for those who assist in suicides.
Amongst the latest, and ever-changing, pathways of death and dying, “suicide tourism” presents distinctive ethical, legal and practical challenges. The international media report that citizens from across the world are travelling or seeking to travel to Switzerland, where they hope to be helped to die. In this paper I aim to explore three issues associated with this phenomenon: how to define “suicide tourism” and “assisted suicide tourism”, in which the suicidal individual is helped to travel to take up the option of assisted dying; the (il)legality of assisted suicide tourism, particularly in the English legal system where there has been considerable recent activity; and the ethical dimensions of the practice. I will suggest that the suicide tourist—and specifically any accomplice thereof—risks springing a legal trap, but that there is good reason to prefer a more tolerant policy, premised on compromise and ethical pluralism.
Sir Terry Pratchett, the author, believes doctors should be able to prescribe a take-home suicide kit which would be “close to the ideal” way for terminally ill people to end their lives.
The House of Lords in Purdy forced the DPP to issue offence-specific guidance on assisted suicide, but Jacqueline A Laing argues that the resulting interim policy adopted last September is unconstitutional, discriminatory and illegal. In July 2009, the law lords in R (on the application of Purdy) v Director of Public Prosecutions [2009] All ER (D) 335 required that the DPP publish guidelines for those contemplating assisting another to commit suicide. The DPP produced a consultation paper (23 September 2009) seeking to achieve a public consensus, albeit outside Parliament, on the factors to be taken into account in determining when not to prosecute assisted suicide. Although the consultation exercise is hailed by proponents of legislative change as a democratic, consensus-building and autonomy-enhancing initiative, there is much to suggest that, on the contrary, the guidance is unconstitutional, arbitrary and at odds with human rights law, properly understood.
By attempting to avoid accusations that he is creating a regulatory regime, the DPP in his final policy on assisted-suicide prosecutions has wrongly exposed those with much-needed medical expertise to the risk of prosecution, says Penney Lewis
This short paper for one of the world's leading bioethics journals introduces readers to medical tourism - the travel of patients from their home country to another for the primary purpose of seeking medical treatment. The paper divides medical tourism into three types: (1) Medical tourism for services illegal in both the patient's home and destination countries (e.g., organ transplant tourism); (2) Medical tourism for services that are illegal in the patient's home country but legal in the destination country (e.g., some forms of fertility tourism, euthanasia tourism, experimental drug tourism); (3) Medical tourism for services legal in both the home and destination country (e.g., traveling abroad for a heart valve or hip replacement). The paper then discusses several difficult ethical and regulatory challenges posed by each type of medical tourism.
While assisted suicide (AS) is strictly restricted in many countries, it is not clearly regulated by law in Switzerland. This imbalance leads to an influx of people—‘suicide tourists’—coming to Switzerland, mainly to Zurich, for the sole purpose of committing suicide. Political debate regarding ‘suicide tourism’ is taking place in many countries. Swiss medicolegal experts are confronted with these cases almost daily, which prompted our scientific investigation of the phenomenon. The present study has three aims: (1) to determine selected details about AS in the study group (age, gender and country of residence of the suicide tourists, the organisation involved, the ingested substance leading to death and any diseases that were the main reason for AS); (2) to find out the countries from which suicide tourists come and to review existing laws in the top three in order to test the hypothesis that suicide tourism leads to the amendment of existing regulations in foreign countries. ...
Justice Minister Eveline Widmer-Schlumpf says she wants the government to rethink its proposal to tighten legislation on assisted suicide. Widmer-Schlumpf, in a SonntagsZeitung newspaper interview, said assisted suicide should not only be limited to the terminally ill who are close to death.
Should those with incurable illnesses be allowed to choose how and when they die? In his Richard Dimbleby lecture, author Terry Pratchett, who has Alzheimer's disease, makes a plea for a common-sense solution. This is an edited extract of Terry Pratchett's Richard Dimbleby lecture, Shaking Hands With Death, which was broadcast on BBC1 on 1 February
The MDU has grave concerns about how the new policy* on whether or not to prosecute the offence of assisted suicide, will be applied to doctors. “The MDU’s advice to its members remains that doctors approached by patients for advice about suicide should not engage in discussion which assists the patient to that end. Members who are faced with requests for help from patients, including for example the provision of medical reports, should contact us for advice.”
Australians in their 20s and 30s are killing themselves with the drug that euthanasia advocate, Dr Philip Nitschke, has promoted as the ''peaceful pill''. The Victorian Institute of Forensic Medicine has found that 51 people in Australia have died from an overdose of Nembutal in the past 10 years. While the lethal barbiturate is only available for veterinarians to euthanise animals in Australia, Dr Nitschke has been helping people obtain it from Mexican vets and other overseas sources since the late 1990s.