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Belgian law on euthanasia

Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

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Page 1: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Belgian law on euthanasia

Page 2: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Definition

• Intentionally terminating life by someone other than the person concerned, at the latter’s request

Page 3: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

• Can only be asked by the PATIENT himself

• Intention = to STOP my LIFE

• Can only be done by MEDICAL DOCTOR

Page 4: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Euthanasia : two ways

Written request Advance directive

Page 5: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Conditions

• The physicians who performs euthanasia commits no criminal offence when he ensures that: Patient:

• Reached age of majority (since 2014 also for minors)

• Legally competent and conscious at moment of making request

Request:• Voluntary

• Well considered

• Repeated

Disease:• Condition of constant and unbearable physical or mental

suffering, resulting from a serious and incurable disorder caused by illness or accident

AND respected the procedure

Page 6: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Procedure

• Inform the patient about • his condition and life expectancy

• possibilities of treatment

• possibilities of palliative care

• To be convinced • there are no reasonable solutions

• request is without external pressure

Page 7: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Procedure

• Different conversations to be sure of suffering

• Consult another physician

• Discuss the request with nursing team

• So patient desires, discuss request with relatives

Page 8: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Procedure

• If physician believes patient is clearly not expected to die in the near future, he must also: Consult a second physician

Allow at least 1 month between the written request and the act of euthanasia

Page 9: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

The written request

• Drawn up, dated and signed by the patient himself

• If patient is not capable of doing this: Drawn up by person designated by patient

• Attained age of majority

• No material interest in death of patient

Page 10: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

The advance directive

• In cases where one is no longer able to express one’s will, every legally competent person of age can drawn up an advance directive instructing a physician to perform euthanasia if the physician ensures that: Patient suffers from a serious and incurable

disorder, caused by illness or accident

Patient is no longer conscious

Condition is irreversible

Page 11: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

• Advanced directive: 1 or more persons taken in confidence can be

designated to inform the physician about the patient’s will

Written in presence of 2 witnesses:• At least 1 has no material interest in death patient

Page 12: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Procedure

• Consult another (independent) physician

• Discuss with nursing team

• Discuss with designated (in directive) person

Page 13: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Euthanasia for minors

• No age limit ( Netherlands: over 12y)

• Terminally ill and in great pain

• Parental consent

Page 15: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

The federal control and evaluation commission

• 16 experts

• Evaluates the registration forms (recieves it within 4 working days after act)

Page 17: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Evolution euthanasia

Page 18: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

2013

• Officially registred: 1.807 Patient expected to die in near future: 87%

Diagnosis of cancer: 73%

Advance directive: 2%

• Registered advance directives: 20.414

• No minors

Page 19: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

20%

80%

20%

Page 20: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Cases to discuss

Page 22: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

France: Chantal Sébire

Page 23: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Italy: Eluana Englaro

Page 24: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

USA: Terri Schiavo

Page 25: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

UK: Tony Nicklinson

Page 26: Belgian law on euthanasia - KU Leuven · Belgian law on euthanasia. Definition •Intentionally terminating life by someone other than the person concerned, at the latter’s request

Thank you !