Self-Administration or Practitioner Administration? The Scope of Future German Assisted Dying Legislation

Article


Braun, Kerstin. 2023. "Self-Administration or Practitioner Administration? The Scope of Future German Assisted Dying Legislation." Medical Law Review. 31 (1), p. 141–157. https://doi.org/10.1093/medlaw/fwac034
Article Title

Self-Administration or Practitioner Administration? The Scope of Future German Assisted Dying Legislation

ERA Journal ID33613
Article CategoryArticle
Authors
AuthorBraun, Kerstin
Journal TitleMedical Law Review
Journal Citation31 (1), p. 141–157
Number of Pages17
Year2023
PublisherOxford University Press
Place of PublicationUnited Kingdom
ISSN0967-0742
1464-3790
Digital Object Identifier (DOI)https://doi.org/10.1093/medlaw/fwac034
Web Address (URL)https://academic.oup.com/medlaw/advance-article/doi/10.1093/medlaw/fwac034/6696194
Abstract

In 2020, the German Federal Constitutional Court declared unconstitutional and void a 2015 criminal law penalising suicide assistance in a recurring fashion and called into existence a right to a self-determined death, including the use of suicide services, where available. Due to subsequent legislative inaction, no holistic assisted dying legislation offering protection for vulnerable individuals is currently in place in Germany. Calls have been made for law reform in this area. This article contemplates the possible scope of a future assisted dying framework in Germany. It does so by focusing on the method of administration and analyses whether such a framework should be limited to allowing eligible persons to self-administer relevant lethal medications, which have been prescribed to them by a medical practitioner or whether, and to what extent, practitioners should be able to administer relevant lethal substances to patients. This is comparatively analysed while also keeping in mind any stipulations made by the German Constitutional Court in its 2020 judgment on the requirements of future assisted dying legislation. The article concludes that an assisted dying framework allowing a free choice between self and practitioner administration in Germany best complies with the guidance provided by the Constitutional Court.

KeywordsEnd-of-life decisions, future assisted dying framework, Germany, practitioner administration, self-administration, voluntary assisted dying
ANZSRC Field of Research 2020480412. Medical and health law
480702. Constitutional law
480302. Comparative law
Public Notes

Files associated with this item cannot be displayed due to copyright restrictions.

Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/q7v03/self-administration-or-practitioner-administration-the-scope-of-future-german-assisted-dying-legislation

  • 87
    total views
  • 7
    total downloads
  • 6
    views this month
  • 0
    downloads this month

Export as

Related outputs

Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia
Braun, Kerstin and Butcher, Sarah. 2024. "Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia." Journal of Law and Medicine. 31 (2), pp. 370-385.
Looking back to look forward—the history of VAD laws in Australia and future law reform in the Australian territories
Braun, Kerstin. 2024. "Looking back to look forward—the history of VAD laws in Australia and future law reform in the Australian territories." Medical Law Review. 32 (1), pp. 42-60. https://doi.org/10.1093/medlaw/fwad030
Supporting First Year Online Law Students with Their Transition to University: Developing Law-Specific Resources on Academic Integrity and the Academic Ennvironment
McNamara, Noeleen and Braun, Kerstin. 2023. "Supporting First Year Online Law Students with Their Transition to University: Developing Law-Specific Resources on Academic Integrity and the Academic Ennvironment." Journal of the Australasian Law Teachers Association. 16, pp. 33-47.
Written Evidence Submission in response to the ‘Inquiry into Assisted Dying/Assisted Suicide' by the Health and Social Care Committee (UK)
Braun, Kerstin. 2023. Written Evidence Submission in response to the ‘Inquiry into Assisted Dying/Assisted Suicide' by the Health and Social Care Committee (UK).
Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law
Gray, Anthony and Braun, Kerstin. 2022. "Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law." Journal of Law and Medicine. 29 (4), pp. 1128-1149.
When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility
Braun, Kerstin. 2022. "When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility." Australian Journal of Human Rights. 28 (1), pp. 21-39. https://doi.org/10.1080/1323238X.2022.2109821
The right to assisted dying: Constitutional jurisprudence and its impact in Canada, Germany and Austria
Braun, Kerstin. 2021. "The right to assisted dying: Constitutional jurisprudence and its impact in Canada, Germany and Austria." Vienna Journal on International Constitutional Law. 15 (3), pp. 291-318.
Voluntary Assisted Dying and the merits of offence-specific prosecutorial guidelines in Australia
Braun, Kerstin. 2021. "Voluntary Assisted Dying and the merits of offence-specific prosecutorial guidelines in Australia." Criminal Law Journal. 45 (2), pp. 81-92.
A Close Look at the German and Australian Anti-FGM Framework-Concerns About Equal Protection and Equal Application
Braun, Kerstin and Bose, Martin. 2020. "A Close Look at the German and Australian Anti-FGM Framework-Concerns About Equal Protection and Equal Application." Zeitschrift fuer Internationale Strafrechtsdogmatik (Review of International Criminal Law Doctrine). 15 (12), pp. 566-583.
Prospects and challenges of prosecuting foreign fighters in Australia
Braun, Kerstin. 2020. "Prospects and challenges of prosecuting foreign fighters in Australia." Kfir, Isaac and Coyne, John (ed.) ASPI counterterrorism yearbook 2020. Barton, ACT, Australia. Australian Strategic Policy Institute. pp. 39-42
Victim participation rights: variation across criminal justice systems
Braun, Kerstin. 2019. Victim participation rights: variation across criminal justice systems. Cham, Switzerland. Palgrave Macmillan.
Self- or Cross-fertilisation? Referencing ECTHR jurisprudence to justify victim participation at the ICC
Braun, Kerstin. 2017. "Self- or Cross-fertilisation? Referencing ECTHR jurisprudence to justify victim participation at the ICC." Lobba, Paolo and Mariniello, Triestino (ed.) Judicial dialogue on human rights: the practice of international criminal tribunals. Brill. pp. 282-299
‘Home, Sweet Home’: managing returning foreign terrorist fighters in Germany, The United Kingdom and Australia
Braun, Kerstin. 2018. "‘Home, Sweet Home’: managing returning foreign terrorist fighters in Germany, The United Kingdom and Australia." International Community Law Review. 20 (3-4), pp. 311-346. https://doi.org/10.1163/18719732-12341378
Public submission to the New South Wales Sentencing Council - Victims’ involvement in sentencing
Braun, Kerstin. 2017. Public submission to the New South Wales Sentencing Council - Victims’ involvement in sentencing. New South Wales Sentencing Council.
Joint public submission to the New South Wales Sentencing Council on victims’ involvement in sentencing
Kirchengast, Tyrone and Braun, Kerstin. 2017. Joint public submission to the New South Wales Sentencing Council on victims’ involvement in sentencing. New South Wales Sentencing Council.
Yesterday is history, tomorrow is a mystery - the fate of the Australian jury system in the age of social media dependency
Braun, Kerstin. 2017. "Yesterday is history, tomorrow is a mystery - the fate of the Australian jury system in the age of social media dependency." University of New South Wales Law Journal. 40 (4), pp. 1634-1662. https://doi.org/10.53637/YIKL5634
How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students
Braun, Kerstin. 2017. "How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students." German Law Journal. 18 (6), pp. 1331-1358.
Secularism and state neutrality: the headscarf in French and German public schools
Jones, Nicky and Braun, Kerstin. 2017. "Secularism and state neutrality: the headscarf in French and German public schools." Australian Journal of Human Rights. 23 (1), pp. 61-89. https://doi.org/10.1080/1323238X.2017.1314441
Stigma, homosexuality and the homosexual advance defence
Gray A. and Braun K.. 2017. "Stigma, homosexuality and the homosexual advance defence." Journal of Law and Medicine. 24 (4), pp. 935-958.
'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia
Braun, Kerstin. 2017. "'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia." Violence Against Women: an international and interdisciplinary journal. 23 (10), pp. 1177-1204. https://doi.org/10.1177/1077801216656832
Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?
Braun, Kerstin and Gray, Anthony. 2016. "Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?" University of Western Australia Law Review. 41 (1), pp. 91-118.
Criminal procedure: LexisNexis questions and answers
Hemming, Andrew and Braun, Kerstin. 2016. Criminal procedure: LexisNexis questions and answers. Sydney, Australia. LexisNexis Butterworths.
'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany
Braun, Kerstin. 2015. "'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany." German Law Journal. 16 (4), pp. 845-870.
'Nothing about us without us': the legal disenfranchisement of voters with disabilities in Germany and its compliance with international human rights standards on disabilities
Braun, Kerstin. 2015. "'Nothing about us without us': the legal disenfranchisement of voters with disabilities in Germany and its compliance with international human rights standards on disabilities." American University International Law Review. 30 (2), pp. 315-346.
Giving victims a voice: on the problems of introducing victim impact statements in German criminal procedure
Braun, Kerstin. 2013. "Giving victims a voice: on the problems of introducing victim impact statements in German criminal procedure." German Law Journal. 14 (9), pp. 1889-1908.
Legal representation for sexual assault victims - Possibilities for law reform?
Braun, Kerstin. 2014. "Legal representation for sexual assault victims - Possibilities for law reform?" Current Issues in Criminal Justice. 25 (3), pp. 819-837.
Do ask, do tell: Where is the protection against sexual orientation discrimination in international human rights law?
Braun, Kerstin. 2014. "Do ask, do tell: Where is the protection against sexual orientation discrimination in international human rights law?" American University International Law Review. 29 (4), pp. 871-903.