Spahn prevents euthanasia and ignored a court judgment

The government should, in exceptional Gift for self-killing cases, was the verdict of the Federal administrative court in 2017. The Ministry of health to Jens Spahn sees it differently. Decide is Karlsruhe.

It was a judgment that triggered both the approval as well as massive criticism. In March 2017, the Federal administrative court decided in Leipzig, that the state should terminally to hand over ill patients in the most severe emergencies, at their request, a medication for suicide, provided that certain conditions are met.

Had sued the husband of a woman from Brunswick, which was paralyzed since 2002 after an accident almost entirely cross-sectional. You are requested to be at the end of 2004 at the Federal Institute for drugs and medical devices (BfArM) in Bonn, Germany in vain for the permit to purchase a lethal dose of sodium Pentobarbital. In 2005, travelled to the couple in Switzerland, where the wife took with the help of euthanasia organisation Dignitas.

22 applicant died in the waiting time

The state as suicide helper? So far the terminally Ill from the BfArM, despite of the Leipzig judgment, no death-dealing narcotics. 93 of 123 applications had been rejected, reported the “daily mirror” on Tuesday. There was no positive decision. 22 the applicant died waiting. New applications there are only a few.

The FDP does not want to accept this: to die the sick needed legal certainty and aid, said the FDP-health politician, Katrin Helling-Plahr the “daily mirror”. On Wednesday, the health Committee of the Federal deals tags in a hearing with a request of the liberals who want to enforce the Leipzig judgement.

Support comes from a report

Federal Minister of health, Jens Spahn (CDU) has resisted so far. Citing a report by the former Federal constitutional court judge Udo di Fabio, he relies on the Supreme court judgment. According to the assessment of the Bonn Constitutional law expert, the court opened the participation of the state in suicides, “the Constitution is not legally tenable”.

The Leipzig judges had intervened in an improper manner in the area of competence of the legislator and the separation of powers undermined. From the right of the Individual to self-killing can also be no obligation of the state to derive, to assist in a suicide, rüffelte di Fabio.

Suicide as a “tedious administrative act”?

Spahn moved last summer, the emergency brake. In a letter to his state Secretary Lutz Stroppe asked the BfArM, to give patients a fatal dose of an anesthetic. The award of suicidal means is not the purpose of the narcotics act, consistent medical care to the population. A self-killing could be no therapy.

The great majority of the German ethics Council saw it this way: The state should not be obliged to help people with suicide, it said. And the President of the German medical Association, Frank Ulrich Montgomery, said the Federal administrative court depreciate the self-killing to be “a vile administrative act” and the BfArM a “point of distribution for a means of Killing”. He referred to the palliative medicine.

Editors ‘ note: We have decided in this case to report about a topic that could be related to a suicide. Unfortunately, it can happen that depressed-assessed people to see Reports of this kind of view reinforces that life had little meaning. It should happen to you, please contact pastoral care of immediately the phone. Help you will find free Hotlines such as 0800-1110111 or 0800 3344533.

BGH is to decide this year

It remains a Dilemma: The German Foundation for patient protection, reminded on Tuesday that the Bundestag had made three years ago the business assisted Suicide is punishable. “Neither an administrative official nor a medical Commission can objectively evaluate who is allowed to obtain a means of Killing and who is not,” said management Board Eugen Brysch of the Catholic news Agency (KNA). He appealed to the Federal constitutional court, to decide the long dispute over the suicide of aid quickly.

Against the by the Bundestag in 2015, passed a law eleven constitutional complaints of mortality are in fact now help physicians associations, Palliative and fatally Diseased, and the law is too restrictive. But it is also a of Doctors existing working Alliance “No assisted suicide in Germany!” turned to Karlsruhe.

The court has indicated that a ruling could still fall this year. Not unlikely an oral hearing. Then, the Federal government and the BfArM could be out of their precarious predicament freed.