The ban on assisted suicide remains in place. The court in The Hague made this decision this Tuesday specifically. It is therefore in line with the court’s previous ruling in 2022.
Cooperative Last Wil (CLW) started a lawsuit against the state with thirty other claimants in 2022. The organization with almost thirty thousand members wants as much control as possible regarding the end of life. With the lawsuit, CLW hoped to have the ban on assisted suicide removed from the criminal code. This has now also failed on appeal.
CLW advocates broader options for ending one’s own life than the euthanasia law offers
In the Netherlands it is prohibited to assist suicide, unless the assistance – euthanasia – is provided by a doctor and all rules have been met. The plaintiffs believe, among other things, that this ban is contrary to the ‘right to respect for private life’, which also includes the right to self-determination. The right to which CLW refers is guaranteed by Article 8 of the European Convention on Human Rights.
CLW advocates broader options for ending one’s own life than offered by the euthanasia law, for example if there is no hopeless or unbearable suffering, or if that suffering has no medical cause. According to CLW, people who make a “well-considered” decision to end their lives are now being forced to end their lives in an “undignified manner.” The ban on assisted suicide often makes it impossible for people with an end-of-life wish to involve their loved ones in the suicide.
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Last Will tries to expand the Euthanasia Act through the court. ‘Only the patient himself can decide whether his situation is hopeless’
Police
The Public Prosecution Service actively enforces the ban. For example, after a suicide, the police come to the scene, examine the body of the deceased and question relatives. According to CLW, this prevents the deceased from being able to say goodbye in a dignified manner.
When ruling in 2022, the judge stated that the current law is carefully balanced and does not conflict with the European Convention on Human Rights. After all, assisted suicide is permitted by law under strict conditions.
In a digital press conference after publication of the ruling, CLW chairman Frans Copini said he was “disappointed”. “We had hoped that the judge would go a step further, for example by distinguishing between merciful or willing assistance in suicide and malicious assistance in suicide – the latter must remain punishable.” The judge has indicated that the route to changing the law goes through the legislature. “So that’s what we’re going to focus on now.”
CLW and the other plaintiffs have three months to appeal the ruling. It is not yet known whether they will do that. But, says Copini, it is certain that they will still take action. “Because we are dealing with strong growth in the older part of our society.” And that requires more control, says Copini.
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CLW will explain its future plans during their membership meeting.
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