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