The right to die, specifically through the means of euthanasia or assisted suicide, remains to this day a very taboo subject, with the above practices being illegal and unregulated across the majority of the world. On the 18 March 2021, Spain passed a bill with 202-141 votes and 2 abstentions, permitting adults with "serious and incurable" diseases that cause "unbearable suffering", to choose between euthanasia and assisted suicide in order to end their lives. This has prompted the much-debated question of why there remains such opposition towards recognising that a right to die, particularly in circumstances of pain and suffering, is as much a human right as the right to life.

Under the new law, set to take effect in June, an adult patient will be able to request either euthanasia or assisted suicide, provided they meet set legal requirements. These requirements include that: the patient suffers from a “serious or incurable illness” or has a “chronic or incapacitating” condition that causes "intolerable suffering"; they are a Spanish national or have resided in Spain for a minimum of 12 months; and importantly, that the adult is "aware and conscious" when making the request which has to be submitted twice in writing, 15 days apart. The law also includes a provision allowing doctors to reject requests if the requirements have not been met, as well as needing approval by a second medical practitioner, and an evaluation body. These legal requirements very much mirror those that countries such as Luxembourg and the Netherlands have put into practice, and that have proved to be adequate safeguards in ensuring that the “right to die” is reserved exclusively for patients that meet the conditions required by law.

PUBLIC OPINION REGARDING ASSISTED DYING IN EUROPE

An English poll conducted in 2019 indicated that more than 90% of the UK’s population would support the legalisation of assisted dying for people with terminal illnesses, though the most recent attempt to liberalise the law through the Assisted Dying Bill [HL] 2014–15 did not progress beyond Committee stage in the Lords. Similarly, in 2020 a survey conducted in Portugal indicated that over 50% of its participants were in favour of regulating euthanasia. In January 2021, Portugal’s Parliament approved a draft euthanasia law, stating that “medically assisted anticipated death is not punishable” if freely and repeatedly decided by an informed adult, “in a situation of intolerable suffering, with extremely serious and permanent harm […] or incurable and fatal disease”. This legislation however has recently been rejected as unconstitutional by Portugal’s Constitutional Court  for being too imprecise, so it is yet to be seen whether a rewording of the legislation by the governing Socialist Party will be accepted by the Court.

RECOGNISING THE “RIGHT TO DIE” THROUGH ASSISTED DYING AS A HUMAN RIGHT

The European Court of Human Rights (ECtHR) has reiterated on many occasions, most prominently in Pretty v United Kingdom [2002] ECHR 423, that the right to life enshrined in article 2 of the European Convention on Human Rights (ECHR) cannot be interpreted as conferring the opposite right, the right to die.  It is important to note, however, that regardless of one’s belief towards assisted dying, “the right to life cannot and should not be transfigured into a duty to live under any circumstances”. To deny someone who is living in significant and intolerable pain from legally ending their life when they choose is to deny that person dignity and respect.

Despite increasing public support for the legalisation for assisted dying in circumstances of suffering, there remains significant opposition throughout the world to regulating euthanasia and assisted suicide. This opposition has arisen primarily for ethical reasons. With statistics emerging from countries that regulate assisted dying indicating that the legalisation of these practices have not had a negative impact on society, it remains to be seen whether the right to die will become an established human right, as enshrined in society as the right to life currently is.

Leila M is an aspiring solicitor. She recently graduated from Queen Mary University of London with an LLM in Human Rights Law. Leila is interested in international human rights law, as well as human rights specifically within the context of medical and family law.

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