Passive euthanasia is legal, through preliminary rulings that give patients the right to refuse life-saving treatments. [112] Food and liquids may also be deprived of a person in a vegetative state without the need for court approval. [113] Assisted suicide is not mentioned in the legislation, which does not specify a method of euthanasia. As Jacqueline Herremans, president of the Association for the Right to Die with Dignity, says, “We don`t make a semantic difference.” However, the doctor must be present at the patient`s bedside until the last breath, unlike the Oregon model, where the doctor only prescribes medication. Let`s take a look at the countries where this process is legal: the Belgian parliament legalized euthanasia on May 28, 2002. [13] [14] Assisted suicide and voluntary euthanasia are illegal in New Zealand under section 179 of the New Zealand Crimes Act 1961, making it a criminal offence for “supporting and abetting suicide.” Passive euthanasia was ruled legal after a landmark court decision in 2010. This means that a medical professional can legally stop maintaining vital functions at a patient`s request if they understand the consequences stated by their doctor, and the administration of a lethal substance is also illegal. [104] Since 1933, Article 37 of Uruguay`s Penal Code has accepted mercy killing, the first legal document containing euthanasia. It is important to say that this legal document did not use this designation.

In another section, 127, the judge could dispense with the physician if this action was taken by promises from patients and the physician had an honourable reputation. [118] The main source of this penal code is Jimenéz de Asúa, a Spanish prisoner, who introduced this concept in his book “Libertad de amar y derecho a morir: ensayos de un criminalista sobre eugenesia, eutanasia, endocrinología,” published in Madrid/Spain in 1928. [119] The first proposal to understand euthanasia as murder was made by Ruy Santos in his doctoral thesis “Da resistencia dos estados mórbidos à therapeutica e da incurabilidade perante a euthanásia” at the Faculdade de Medicina da Bahia/Brazil in 1928. He made a distinction between euthanasia as murder and euthanasia as suicide, probably the first quote on assisted suicide. [120] Patients eligible for active or passive euthanasia in South Korea are reserved for terminally ill patients with no chance of recovery. Patients who have a positive response to medications or who are not in a rapidly deteriorating condition resulting in imminent death may not be eligible. Patients must have confirmation from a licensed physician and physician to die with dignity, and comatose patients must have the consent of both guardians. [102] In the case of passive euthanasia, three conditions must be met: the debate in the ethical literature on euthanasia is divided, as is the debate on medical assistance in dying, perhaps even more. Arguments are often put forward that are supported by allegations of abuse of voluntary euthanasia in the Netherlands. The arguments against it are based on the integrity of medicine as a profession.

In response, arguments of autonomy and quality of life are advanced in favor of euthanasia, underscored by claims that if the only way to relieve the pain or suffering of a dying patient is terminal sedation with loss of consciousness, death is a preferred alternative – an argument also put forward in favor of physician-assisted suicide. [124] In April 2002, the Netherlands became the first country to legalize euthanasia and assisted suicide. Canada allows euthanasia and assisted suicide for adults with “serious and incurable illnesses” whose death is “reasonably foreseeable.” Oregon was the first U.S. state to legalize assisted suicide. The law came into effect in 1997 and allows terminally ill, mentally competent patients with less than six months of life expectancy to apply for a prescription for life-ending drugs. More than a decade later, Washington state approved a measure inspired by Oregon law. And last year, the Vermont legislature passed a similar law. Court decisions have legalized the practice in Montana and, more recently, New Mexico.

Spanish lawmakers on Thursday legalized euthanasia and assisted suicide for people with serious and incurable or debilitating illnesses who want to end their lives, making Spain the fourth European Union country to take the step. Active voluntary euthanasia remains illegal, although a caregiver may receive a reduced sentence if they take the life of a person who consents to it. [88] Passive euthanasia is legal. Active euthanasia or assisted suicide is not legal in Chile. However, passive euthanasia is legal. Since 2012, the regulation of patients` rights has created the right to informed consent, which allows the acceptance or refusal of medical treatment. Patients may refuse treatment if they are incurable. [33] Currently in 2019, a bill to allow active euthanasia and assisted suicide is under discussion in Congress.

[34] [35] In the Netherlands, approximately 3000 cases of voluntary euthanasia are performed each year. Rob Jonquierre, executive director of the Dutch Society for Voluntary Euthanasia, believes the new legislation will not lead to a massive increase in the number of cases. He told the bulletin: We might see more inquiries because patients might find it easier to talk to a doctor about euthanasia knowing that the doctor is not going to commit a crime now. In German-speaking countries, the term “euthanasia” is generally avoided because of its association with the eugenics policy of the Nazi era. The law therefore tends to distinguish between assisted suicide and “active euthanasia”. But he adds: One of the main reasons for requesting euthanasia is fear of the dying process. So if patients are confident that a doctor won`t refuse euthanasia at a later date, it can be very reassuring and give them the strength to move on. Active euthanasia is not legal in Finland. However, passive euthanasia is legal. [42] Colombia on Thursday became the first Latin American country to allow physician-assisted suicide for patients under medical supervision, according to a Constitutional Court ruling. The Australian state of Victoria passed voluntary euthanasia laws in November 2017 after 20 years and 50 failed attempts. In September 2004, the Groningen Protocol was drafted, which establishes the criteria for euthanasia of children without criminal prosecution of the doctor.

[82] In Switzerland, lethal medicines can be prescribed to a Swiss or a foreigner, with the recipient playing an active role in the administration of the medicines. [105] More generally, article 115 of the Swiss Penal Code, which entered into force in 1942 (after being drafted in 1918), punishes assisted suicide as a criminal offense only if the motive is selfish.