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Belgium Legalises Euthanasia

by Barbara Churches - September 2002

   

In May, Belgium became the second country in the world to legalise euthanasia when the lower house of the Belgian Parliament endorsed a bill which had been approved by the Belgian Senate in October 2001. The vote was 86 for, 51 against and 10 abstentions.

Euthanasia is described as an act on purpose, performed by a third person, in order to end the life of a person who has requested that this be done. Only a registered physician can perform euthanasia, and no doctor will be prosecuted as long as a number of conditions are met. These are clearly specified and closely follow those already in effect in the Netherlands. They are also similar to those contained in the Northern Territory law during the time it was in effect.

  • The patient to be of age or an emancipated minor.

  • The patient must be legally competent.
  • The patient must be conscious.
  • The request must be voluntary, well-considered, and must be repeated.
  • The patient must be suffering from consistent physical or psychological pain for which there is no cure.


Conditions are also set out concerning the protocol to be followed by the doctor to whom the request is made.

  • He must fully inform the patient about treatment options, life expectancy, palliative care possibilities and be convinced that
    is no other reasonable solution.

  • The doctor must be certain that the patient is suffering consistent and unrelievable pain.

  • A second doctor must be consulted to confirm the initial diagnosis and prognosis.

  • The patient's request must be discussed with the nursing staff involved and with the relatives of the patient.

  • A period of one month must elapse between the written request of the patient and the act of euthanasia.

  • After the doctor has performed euthanasia, he must report it to the Federal Commission of Control and Evaluation which will then conduct a full investigation into the file of the deceased person.

The law provides for euthanasia to be performed on patients who are unconscious as long as they have made a living will within the past five years and which has been added to the medical file of the patient.

 

Belgium

 

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