Austrian assisted suicide law for people with disabilities began on January 1.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

The media have published many articles about the Austrian assisted suicide law coming into effect on January 1.

I reported a few weeks ago that the Austrian parliament had legalized assisted suicide for people with disabilities.

An article by Bob Cronin for Newser.com reported that assisted suicide was now available to Austrians with a terminal illness or permanent, debilitating condition. Permanent debilitating condition means people with disabilities or chronic conditions.

I warned that legalizing assisted suicide for people with disabilities who are not terminally ill will quickly enable the expansion of the law. The term permanent debilitating conditions will soon expand to include many conditions.

Cronin's article describes the process that doctors must follow to approve death. The article states:

• Documentation: Applicants must show a diagnosis and confirmation that they're capable of making their own their own decisions. Those with mental health problems are excluded, as are minors.
• Doctors' approval: Two doctors have to assess each case, with one of them being a specialist in palliative medicine.
• A waiting period: Once two doctors approve, nothing can happen for 12 weeks, theoretically so patients can consider their decision and draw up a will. The wait, which is two weeks for those with a terminal illness, also is designed to ensure the health issue isn't temporary.
• Notifications: After the waiting period, the patient is to inform a lawyer or notary, then receive access to lethal drugs from a pharmacy.

The only "safeguard" in Austria law is the 12 week waiting period for people who are not terminally ill and two week waiting period for those who are terminally ill.

My concern is that the Austrian law which was supposedly designed with "tight" restrictions will in fact become wide-open quickly since the law permits assisting the suicide of people with disabilities who are not termilly ill. In other words, the term permanent debilitating condition can be applied to many conditions.

Austrians living with suicidal ideation will die by assisted suicide.

Austria legalizes assisted suicide for people with disabilities

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

Austria Parliament

Bad news: Austria's parliament passed a bill, yesterday, legalizing assisted suicide. The assisted suicide bill is a reaction to last year's Austrian Supreme Court decision. Wesley Smith stated that the Austrian Supreme Court said that the right to self-determination includes the right to a “dignified death,” and also the right of a person who has decided of their own free will to kill himself or herself to get help in doing so from another person.

The Associated Press referred to it as a tightly limited right to assisted suicide whereas my analysis of the bill found that the language of the bill specifically permits assisted suicide for people with disabilities who are not otherwise dying.

On October 26 I wrote that the Austrian bill states that chronically or terminally ill adults to make provisions for an assisted suicide. When assisted suicide is permitted for chronically ill people the law will become fairly wide open. Many people with disabilities, who are not otherwise dying, have chronic conditions.

DW news reported that:

The Assisted Suicide Act gives the option of an advance directive — similar to a living will — only to people over 18 who are terminally ill or suffer from a permanent, debilitating condition.

Each case is to be assessed by two doctors, one of whom would have to be an expert in palliative medicine. As part of their duties, they must determine whether a patient is opting for euthanasia independently.

At least 12 weeks must pass before a patient is granted access to the procedure, to ensure that euthanasia is not being sought due to a temporary crisis. However, for patients in the "terminal phase" of an illness, the period can be shortened to two weeks.

The Austrian assisted suicide law, which is tauted as a tightly worded law, is similar to other assisted suicide laws with the exception that it contains a longer waiting period but the person does not need too be dying. The language of the bill permits assisted suicide for people with disabilities who are not otherwise dying.

Austrian assisted suicide bill aimed at people with disabilities.

Alex Schadenberg

Executive Director, Euthanasia Prevention Coalition

Austrian Parliament

In December 2020, the Austrian Constitutional court decided that the law preventing assisted suicide was unconstitutional because it violated a person's right to self-determination.The Austrian assisted suicide bill seems very similar to other assisted suicide legislation other than it contains a longer waiting period.

According to a Reuters news report:

The new law lays out the conditions under which assisted suicide will be possible in the future, following a ruling by Austria's Constitutional Court last December according to which banning assisted suicide was unconstitutional because it violated a person's right to self-determination.

The new law allows chronically or terminally ill adults to make provisions for an assisted suicide.

They have to consult two doctors who have to attest the person is capable of making his or her own decisions. A delay of 12 weeks also has to be respected that can be reduced to two weeks for patients in the final phase of an illness.

When assisted suicide is permitted for chronically ill people, as Reuters states this law permits, the law will become fairly wide open. Many people with disabilities, who are not otherwise dying, have chronic conditions. People with disabilities already experience significant pressure when needing life-sustaining medical treatment, would now qualify for assisted suicide based on their chronic condition.

The Austrian assisted suicide bill, which is tauted as a tightly worded bill, is similar to other assisted suicide laws with the exception that it appears to contain a longer waiting period for people who are not actually dying.

Austrian Court Creates Right to Assisted Suicide

This article was published by National Review online on December 14, 2020

Wesley Smith

By Wesley J Smith

A bit ago, Germany’s high court created an absolute right to commit suicide and the concomitant right to have help in making oneself dead.

Now, an Austrian court has said that committing suicide is a right of “self determination” and that obtaining help is part of that right. From the Tribune story:

The court said that the right to self-determination includes the right to a “dignified death,” and also the right of a person who has decided of their own free will to kill himself or herself to get help in doing so from another person.

But it remains unclear what exactly will be allowed in Austria starting in 2022.

I don’t think this was the highest court, so there may be an appeal.

Also, notice the court ruled that the state can attempt to ensure no undo influence.

The court said legislators will have to take measures to prevent abuse and ensure that “the person affected does not take the decision to kill themselves under the influence of third parties.”

Yeah. Right. Good luck with that. Guidelines do not protect against abuse.

More as I know more.