Quick Summary
- Currently, all forms of assisted suicide are completely prohibited in the United Kingdom and are punishable by up to 14 years in prison.
- The “Terminally Ill Adults (End of Life) Bill” is currently being debated in the House of Lords. It is therefore still unclear at this time whether this law will take effect.
- The draft bill sets forth strict requirements: Only terminally ill patients or those with a life expectancy of less than 6 months may receive assisted dying. In addition, the request for assisted dying must be reviewed by two independent physicians and approved by a specialized committee.
- In Switzerland, passive euthanasia has been permitted for many years and is offered by organizations such as Exit and Dignitas. Nevertheless, active euthanasia is strictly prohibited in Switzerland as well.
The Current Situation in the United Kingdom
To date, assisted suicide has been strictly prohibited in the United Kingdom. Those who assist in a suicide face up to 14 years in prison. Even encouraging someone to commit suicide can be a criminal offense. This strict regulation applies throughout the United Kingdom, with the exception of Scotland, where a draft bill is also under discussion.
Because of this strict ban, many British patients are forced to travel abroad to seek assisted suicide. However, this is not cheap. According to the organization “Dignity in Dying,” those affected must spend around £15,000 to travel from the United Kingdom to Switzerland for assisted suicide. It therefore seems understandable that, according to a survey by the organization Humanists, over 74% of the British population supports the legalization of assisted suicide. This would allow British patients to make autonomous decisions about the end of their lives in their own country without incurring enormous costs.
Despite this widespread support, there are many voices speaking out against assisted suicide. These voices come, for example, from religious communities, such as the group “Christian Concern” (Christian Concern), but disability advocacy groups and segments of the medical community also warn against the misuse of assisted suicide. The law could lead to pressure being exerted, particularly on vulnerable groups, to take this path.
The Main Provisions of the British Bill
The “Terminally Ill Adults (End of Life) Bill” sets forth the following requirements for passive euthanasia:
- The individual in question is at least 18 years old and has legal capacity. As in Switzerland, legal capacity is generally presumed in adults in the United Kingdom.
- In addition, the person in question must have lived in England or Wales for at least twelve months and be registered with a general practitioner there.
- To initiate the process, the person concerned must declare, in the presence of a medical professional and another person, that they wish to request passive euthanasia.
- The person in question must be terminally ill. This is the case if the person has an inevitably progressive illness that cannot be treated. Alternatively , an illness is considered terminal if the person is expected to die from it within the next six months.
- The above-mentioned requirements are assessed by two independent physicians. They are also intended to ensure that the patient is mentally capable of expressing his or her wish to die free from external pressure.
- Finally, it is required that a specially constituted committee approve the request for assisted suicide. There are strict criteria governing who may serve on this committee. Specifically, only individuals from the legal, medical, or social work fields are eligible.
The Current Situation in Switzerland
The situation in Switzerland is fundamentally different from that in the United Kingdom. The Swiss Penal Code (StGB) criminalizes only active assisted suicide in Articles 111 through 113 StGB. However, apart from Article 115 StGB, there is no explicit legal provision regarding assisted suicide.
Example of criminal active euthanasia: Marcus wants to take his own life because of his illness. However, since he is completely paralyzed and confined to a wheelchair, he cannot do so on his own. For this reason, his friend administers a lethal dose of medication to him.
Assisted suicide, on the other hand, is not prohibited. This is evident from Article 115 of the Swiss Criminal Code, which states the following:
“Anyone who, for selfish reasons, induces another person to commit suicide or assists them in doing so shall, if the suicide is carried out or attempted, be punished by imprisonment for up to five years or a fine.” (Art. 115 StGB)
This section of the law provides the legal basis for organizations such as Exit and Dignitas. Provided they do not act out of self-interest, assisting in suicide is not a criminal offense. Furthermore, Exit and Dignitas are permitted to provide patients with the lethal substance. The person concerned ingests this substance themselves, without outside assistance.
Example of non-criminal assistance in suicide: As in the example above, Marcus also wants to take his own life due to his long-standing illness. This time, however, he simply asks Ilias to get him the medication. Marcus takes the lethal dose on his own.
A Comparison of Euthanasia in Switzerland and the United Kingdom
Under the proposed legislation in the United Kingdom, only individuals deemed “terminally ill” may request assisted dying. There is thus a very strict basic requirement that determines which patients are eligible to request assisted dying in the first place. In Switzerland, on the other hand, people with other chronic or mental illnesses can also turn to organizations such as Exit or Dignitas.
One thing the two countries have in common, however, is that they only permit assisted suicide. Active euthanasia is and remains prohibited in both countries.