Taboo topic assisted dying: What the law says in Austria and Germany
Death. That word carries ominous meaning for us humans. One that terrifies a lot of us. One that we do not like to utter. Many of us will not deal with the matter of death unless absolutely necessary. Its connotation is that of something dark, sad and burdensome. Transience in general is something that has little room in our society where everything is geared towards progress, growth and advancement. However, death is part of life, as nothing on this planet lasts forever. And, in many ways, this reality signifies the allure of life and of the world in which we live. If we keep making ourselves aware of this realization, we can confront the transient, temporary and finite nature of things with a more open and positive attitude. And it will thus give us the ability to better handle the topic of death as well. Some even welcome death as an act of deliverance. For instance, if they suffer from a serious illness or the aftermath of a devastating accident. This is when the topic of assisted dying becomes relevant. As it has many aspects that are wide open to interpretation, assisted dying ranks among the most consistently debated hot-button issues in many countries. In some countries, assisted dying is still illegal, while others have started to allow the practice with or without restrictions. We will take a look at this complex subject matter, define what assisted dying is exactly and explain what the law mandates in Austria and Germany.
What is assisted dying? – Definition and differences
Before we delve deeper into the subject, we should clarify what exactly we are talking about - a definition of assisted dying is thus essential. Subsumed under this term are all actions that constitute indirect assistance or active participation in the dying process of a human being. Also categorized under the term of assisted dying is the terminal care of people who are either very old or seriously or terminally ill. In short, a vast field that can be roughly divided into four areas:
- Active assisted dying: This term signifies the killing of a person by an active intervention – for instance, an act where someone administers a deadly dose of medication to another person. This type of assisted dying is banned entirely in Austria and Germany, even if a declaration of intent has been made. By the way, switching off a life-supporting machine does not fall into this category as that act merely qualifies as a denial of sustaining care. This type of assisted dying is permitted, for instance, in the Netherlands, Luxembourg, Belgium, and Spain.
- Indirect assisted dying: If a dying person is given medication in the last hours of their lives in an effort to prevent or alleviate pain, we speak of indirect assisted dying. Key in this regard: The pharmaceuticals – for instance, morphine – are administered exclusively to provide relief from pain and anxieties and not to kill the patient. However, the shortening of the period until death occurs is accepted as a potential side effect when these drugs are administered. Another prerequisite is that a diagnosis has established beyond a doubt that the person is dying. Indirect assisted dying based on this definition is permissible in Austria and Germany provided the act is performed by authorized physicians. Such acts are also referred to as palliative treatment.
- Passive assisted dying: Another way to provide assisted dying services is by deliberately denying the dying person the performance of certain actions. These may include the denial of life-extending measures such as artificial respiration, artificial feeding or resuscitation on a case-by-case basis. Patients opting for this practice can take down their requests in writing in a living will while they are still alive. If there is no living will, the decision will be made by the relatives. This type as well is permissible in Austria and Germany.
- Assisted suicide: If a person wishes to commit suicide and is given death-inducing drugs for this purpose by a third person, we are talking about assisted suicide. Key in this regard is that the person in question has made the decision to die of their own free will. In Austria and Germany, the government recently changed the existing legislation, making it now permissible - within strict limitations - to provide medical assistance in dying - also known as assisted suicide. The justification: According to a ruling by Austria’s Constitutional Court, making this practice liable to prosecution violates the individual’s right to self-determination. Since this ruling was handed down, gravely ill persons of legal age with a permanent or terminal condition can gain access to a death-inducing drug if they satisfy certain requirements. Important: The person willing to die needs to take the drug themselves in order to set this course of action apart from active assisted dying. Acts that remain punishable by law are the incitement of someone to commit suicide or the killing of someone upon their request.
Carry departed loved ones on your person
As we have seen, the topic of assisted dying is complex and may keep evolving in the future. One aspect that will remain the same is the inordinate amount of strength that most of us need to muster to recover from the death of a loved one. Every individual needs to find their own approach to handling grief and find their own personal path to grief recovery. It will be our pleasure to help you in any way we can – if you like. With our one-of-a-kind jewelry, which will give you strength and remind you of your dearly departed. They will thus live on even though they are dead. In your heart.