Euthanasia in the Netherlands

The history of ideas about euthanasia on the European continent goes back to the 20th century. In 1920, A. Khoch and K. Binding's book, Permission to Take Life, was published. And only after 82 years, the Netherlands, the first not only in Europe but also in the world, decided to legalize euthanasia and introduce it into the healthcare sector. ^[1] The bill was actively lobbied by Dutch Health Minister Dr. . Despite criticism and opposition from the churches (Catholic and Protestant), the law “Ending life upon request and assisted suicide” was passed in 2001, and entered into force in 2002. Most Dutch people support the new law on the right to euthanasia. In the country, when a person receives permission to die, within a few days the “ethics committee” ( euthanasia review committee ) issues a permit to the doctor, who carries out the procedure. Mobile teams of euthanasists are moving around the country - doctors who work across the country to help people die if their own local doctor refuses to take responsibility. ^[2]

The use of euthanasia is regulated by the law “Termination of life upon request and assisted suicide” of 04/01/2001 and the criminal law (Criminal Code). The desire to die with the help of euthanasia is carried out according to the following scheme: informing the doctor, permission from the ethics commission, in case of refusal - the prosecutor and the commission from the Ministry of Health, Welfare and Sports ( Ministerie van Volksgezondheid, Welzijn en Sport ). The uniqueness of the Dutch legislation regarding euthanasia lies in the fact that none of the parties (patient ↔ doctor) have the absolute right to use this kind of operation. Foreigners were denied the procedure of euthanasia in the Netherlands (since some points of the requirements for a doctor will be violated). The Dutch law on euthanasia does not contradict international conventions and fundamental human rights, such as the right to life (art. 6 of the International Covenant on Civil and Political Rights ) and art. 2 of the European Convention on Human Rights .

To the doctor

Dutch law regarding the rights and obligations of a doctor regarding the use of euthanasia at the same time protects him and imposes a number of obligations on him. The doctor must:

• make sure that the patient’s desire for euthanasia is voluntary and deliberate;

• make sure that the patient suffers from unbearable pain or the diagnosis of his disease does not imply any prospects for recovery or a significant improvement;
• inform the patient about his future condition, thereby predicting the development of the clinical picture;
• discuss the situation with the patient and come to a joint decision that excludes the alternative;
• consult with at least one doctor who is not involved in the treatment of a patient who has decided to use euthanasia .;
• to issue a written notice to the patient and public authorities that at least 4 of the above items have been met;
• during euthanasia or assisted suicide, show appropriate medical care and attention to the patient.

To Patient

• the patient must be at least 12 years old;
• the decision on the euthanasia procedure should come exclusively from the person concerned (in the case of a patient's age from 12 to 16 years, the consent of the guardians or parents is also required);
• the patient must provide a document confirming his legal capacity and sanity;
• consult with your doctor / s regarding the prospect of recovery or pain relief;
• Get all consultations and recommendations from your doctor;
• get a package of permits from your doctor.

For a doctor

• the right to refuse to carry out the euthanasia procedure;
• guarantees from the state that there are no negative consequences for the individual, professional activity in case of refusal to carry out the euthanasia procedure;
• the right to refuse to attend or assist during the euthanasia procedure;
• the right to independently choose a consultant doctor when discussing the possibility of prescribing a patient an euthanasia procedure.

For the patient

• the right to comprehensively provide medical services, including euthanasia procedures;
• the right to choose a doctor for the euthanasia procedure;
• The right to a fully voluminous analysis of the state of health and the prognosis of the development of the disease

• Euthanasia
• Suicidal tourism

• Request for Cessation of Life Act and Assistance in Suicide (Review of Procedures in Practice) (en);