German Court Legalizes Euthanasia as Legal Right

In June 2010, Germany became the fifth country in the world to legalize euthanasia. Euthanasia or mercy killing is a method to end life so as to relieve intractable pain and overwhelming suffering of an individual. In most countries, it is not legalized as it is continues to be a raging debate. Official reports indicate that 2, 636 Dutch patients were killed in 2009, by euthanasia. Several debates have taken place in the past about the legal rights of terminally ill patients to die.

However, the legalization of euthanasia is subjected to various questions, such as:

• what if the right becomes an obligation?
• what are the chances for abuse of such clause by the vicious heirs?

No More Suffering for Patients as Euthanasia is a Legal Right

In a landmark case on mercy killing, the ruling of the Federal Court of Justice has expanded the legal rights of a patient who was in a vegetative state, after suffering  from cerebral hemorrhage. On expressing her wish to die, the nursing home management refused to let her die.

The accused, Mr. Wolfgang Putz, was the lawyer of the patient’s daughter. He advised to her to remove the feeding tube of her ill mother, which caused the patient’s death. He was charged with attempted manslaughter and was sentenced for nine months by the country’s District Court.

However, the Germany’s highest court revoked the conviction of the accused. The court clearly differentiated between ‘killings with the purpose to terminate life’ and ‘allowing a patient to die with his/her own consent.’

Mr. Putz has termed the decision ‘outstanding’ and helpful for many patients and doctors. He stated that the decision will take away the fear of punishment.

As per Germany's Justice Minister, Sabine Leutheusser-Schnarrenberger, the ruling had brought clarity to cases involving the legal rights of terminally ill patients.

However, according to Mr. Eugen Brysch, the director of the German Hospice Foundation, relying on casual and private conversation without sufficient witnesses to decide patient’s wishes, will open ways for this ruling to be misused.