Belgium and Euthanasia

Ona, Tricia Diane P.
CR1A
NETHERALANDS EUTHANASIA LAW
The Netherlands is not left out in this regard. In fact, respect for human life is so valued under
the Dutch Criminal Code that article 293 criminalises the taking of another person’s life at the
express request of the person killed. This is what is considered as ‘euthanasia’ in the
Netherlands. Article 294 of the law under reference also makes it an offence for anyone to
intentionally incite another to commit suicide or procures for that other person the means to
commit suicide. This is technically known as ‘assisted suicide’.
One issue that has generated so much debate as to its compatibility with the right to life is
euthanasia. Euthanasia has a robust database of record in history. It is the ‘intentional’
shortening of a patient’s life by an act or omission as part of his medical care. Whether this
practice is legal or justifiable still remains an object of controversy till date in different countries
of the world. The issue is different in the Netherlands where euthanasia has been legally
supported provided it is carried out within the ambit of the law on the subject.
Much has been written on euthanasia and its compatibility with the right to life and the debate it
has generated is inexhaustible. The practice of euthanasia in the Netherlands going by
necessity seems justifiable and reasonable. However, its aim is to ‘terminate’ and not to ‘protect’
life. This paper therefore sets out with the footing and indeed concludes that the legalisation of
euthanasia in the Netherlands when considered on technical grounds, and casting away all
sentiments, is nothing but a violation of the sacred provisions of the right to life as enshrined in
the ECHR and ICCPR to which the Netherlands is a party.
Link: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1529827
What has happened since 1996?
The Dutch government thought that the low level of euthanasia reporting was probably
associated with the fear of some doctors that their actions would bring the law down on them,
though in fact they had little to fear if they had complied with the guidelines. So, the reporting
regulations were again altered in 1998, but a year later, little had changed in the rate of
reporting. A further change at that time was to have voluntary euthanasia (VE) reported
separately from NVE, whereas previously they were reported on the same form. This did not
mean that NVE was no longer acceptable, but that its justification would be more closely
assessed. Such a regulation will, of course, have no influence on doctors who do not presently
report euthanasia, for their own reasons. Thus, it can hardly be expected that this new
regulation will influence either the real incidence of NVE or improve the government's
knowledge about it.
The new law
After about 18 months of public discussion of its new draft bill, in late 2000 the Dutch
government introduced its proposal to legalise euthanasia into the Second Chamber of the
parliament, where it passed easily. It was introduced into the First Chamber in early 2001,
where it also easily passed, and was then proclaimed. Its provisions include:
Euthanasia must be performed in accordance with 'careful medical practice', that is, the
previously listed official guidelines are to continue to be observed. (These have not been
altered, despite their often miserable public record in practice).
All cases will be evaluated by a legally constituted regional review committee, composed of a
lawyer, a doctor, an ethicist and others.
Euthanasia and assisted suicide will not be punishable if carried out by a doctor who has
complied with the guidelines, and reported it to a local medical examiner.
After satisfying himself that the required procedures had been carried out, the examiner is to
send his report to the regional committee and to the prosecutor.
Children between 12 and 16 must normally have their parents' consent before they may request
euthanasia. However, in 'exceptional' cases — those involving serious and incurable disease or
intolerable and unrelenting suffering — a doctor may agree to such a child's request even
without parental request. Requests by children aged 16 -17 do not require parental consent,
though parents should be involved in decision making.
Competent patients may request euthanasia, by way of an advance directive, to be later

consulted in the event that they have become incompetent.
Regarding provision 3 above, it should be noted that, as is the case at present, euthanasia will
also not be punishable if carried out by a doctor who has complied with only some, or perhaps
none, of the guidelines, and who has then falsified the death certificate after euthanasia to make
it appear that death was due to natural causes.
Reference: https://www.catholiceducation.org/en/controversy/euthanasia-and-assisted-
suicide/current-euthanasia-law-in-the-netherlands.html
BELGIUM EUTHANASIA LAW
Belgium: Report Reveals Euthanasia Commission Authorized Euthanasia of Three Minors in

2016–17
(Oct. 29, 2018) Belgium has the world’s only law allowing terminally ill minors in “unbearable
suffering” to choose to die. (Henry Samuel, Belgium Authorized Euthanasia of a Terminally Ill
Nine and 11-Year-Old in Youngest Cases Worldwide, TELEGRAPH (Aug. 7, 2018).) According
to a report published on July 17, 2018, by the Commission fédérale de Contrôle et d’Évaluation
de l’Euthanasie (Federal Commission for the Control and Evaluation of Euthanasia) (CFCEE),
Belgium physicians administered lethal injections to three minors between January 1, 2016, and
December 31, 2017. (CFCEE, Huitième rapport aux Chambres législatives années 2016–2017
[Eighth Report to the Legislative Chambers for the Years 2016–2017] (CFCEE 2018 Report)
(July 17, 2018).)
Background
In 2014, Belgium amended its law on euthanasia to authorize doctors to terminate the life of a
minor “capable of discernment and who is conscious at the time the request is made.” (Loi
modifiant la loi du 28 mai 2002 relative à l’euthanasie, en vue d’étendre l’euthanasie aux
mineurs [Law Amending the Law of May 28, 2002, Regarding Euthanasia to Extend It to Minors]
art. 2 (all translations by author.
The minors must have the mental capacity to make the decision and receive parental consent.
(Id.) Doctors must first verify that a child is “in a hopeless medical situation of constant and
unbearable physical suffering that cannot be eased and will cause death in the short term
resulting from a serious and incurable accidental or pathological condition.” (Id.)
Once a minor has expressed his or her wish for euthanasia in writing, psychiatrists conduct
examinations and tests to determine the level of discernment and ensure that the minor was
“not influenced by a third party.” (Id. art. 2(7°).) However, parents can prevent the request from
being carried out.
CFCEE Report
For a year following the enactment of the law, no euthanasia was carried out in accordance with
it. That said, the CFCEE’s report, published on July 17, 2018, noted that three unnamed minors,
aged 9, 11, and 17, had been administered lethal injections between January 1, 2016, and
December 31, 2017. (CFCEE 2018 Report, supra.) The children were suffering from a brain
tumor, cystic fibrosis, and muscular dystrophy, respectively. (Id. at 12.) According to the report,
the Commission “approved these three cases unanimously,” and the Commission believes that
“extending the scope of the law to include minors capable of discernment makes sense,
because its aim is to give minors the freedom to choose when to end their life.”
Reactions and CriticismBelgium’s decision to extend its euthanasia law to cover minors has
proved extremely controversial, both nationally and internationally. Those who support the law
believe children should not be made to suffer against their will, but opponents say they are too
young to make the decision to die. (Samuel, supra.) Luc Proot, a member of the CFCEE,
defended the decision to authorize the euthanasia cases, saying, “I saw mental and physical
suffering so overwhelming that I thought we did a good thing.”
Belgium’s bishops called the law “a step too far,” while a group of 162 Belgian pediatricians
wrote: “We are today able to perfectly control physical pain, choking or anxiety at the approach
of death.”
In addition to the three minors in question, 4,334 adults chose to be euthanized in Belgium
between 2016 and 2017, approximately 64% of whom were cancer patients.
Reference http://www.loc.gov/law/foreign-news/article/belgium-report-reveals-euthanasia-
commission-authorized-euthanasia-of-three-minors-in-2016-17/:

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Ona, Tricia Diane P.

NETHERALANDS EUTHANASIA LAW

What has happened since 1996?

The new law

Competent patients may request euthanasia, by way of an advance directive, to be later

Belgium: Report Reveals Euthanasia Commission Authorized Euthanasia of Three Minors in

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