Section 217 of the German Criminal Code, which was introduced just over four years ago, provides for a prison sentence of up to three years for organized, commercial or repeated “promotion of the opportunity to commit suicide”. Members of the Bundestag Michael Brand (CDU) and Kerstin Griese (SPD) dispute whether it was actually the legislator’s intention that not only euthanasia associations but also doctors would be affected. Their joint bill had found a majority in the Bundestag at the end of 2015.
Behind closed doors, the fundamental opponents of the possibility of suicide and assistance with it express secret delight that all doctors are sufficiently intimidated by the sword of Damocles of mere promotion. The fact is that, as far as is publicly known, this has been successful. But this does not prevent people who do not receive qualified help from throwing themselves in front of the suburban train, poisoning themselves or falling off the bridge instead.
Social demand will grow
In any case, society’s desire to be able to self-determine and plan the end of one’s own life, among many other things, will increase. The Humanist Association of Germany is trying to adapt to the fact that this will also be associated with a growing need for counseling, help and humanist pastoral care in the context of assisted and accompanied dying by suicide. For many years, the association has been calling for and designing concepts for open-ended assisted suicide conflict counseling and, until December 2015, had already been offering it on a very small scale to its members and committed doctors. It is now trying to build on this experience, exchange ideas with like-minded people and be available to politicians as a point of contact. This also includes alternative drafts for legal regulations on assisted suicide for sick and/or very elderly people who wish to end their own lives.
Legislator’s challenge for new regulation and HVD cornerstones
Sooner or later, the Bundestag will have to revisit the issue once the initial shock of having passed a law with unconstitutional encroachments on citizens’ personal rights has passed. A ruling of this kind is highly likely on February 26. At the very least, it seems certain that the Federal Constitutional Court will clearly criticize the law in its 100-page ruling.
Of course, it remains to be seen which version of the ruling will be upheld: whether Karlsruhe will actually overturn the law as a whole, demand that the legislator make improvements to liberalize the law with appropriate due diligence criteria or exemptions for doctors, or itself present an interpretation of the law that conforms to the constitution – in particular on the question of what constitutes the business-like promotion of suicide.
On the afternoon of the pronouncement of the judgment, the result will be available as soon as possible on the website of the HVD Bundesverband and the website of the living will – probably even with a link to the full judgment.
Irrespective of this, a working group within the Humanist Association of Germany has already formulated its position and objectives for legislative proposals as follows:
The general objectives of the law are:
- Respect and guarantee the right to self-determination regarding one’s own death
- Determine the conditions and rules for assisted suicide
- Protecting those affected from lonely and brutal suicides
- Prevent ill-considered, spontaneous and rash suicide attempts
- Eliminate legal uncertainties for all those who provide humane assisted suicide
- To clarify for doctors that and how they may provide assisted suicide and to formulate corresponding due diligence criteria
- To counteract social demands that seek to authorize physician-assisted suicide on demand
Events and information
March 9, 6 – 8 p.m. in Berlin: Panel event: “Karlsruhe has ruled on the ban on assisted suicide – What now?”
- With representatives from the fields of law (Prof. Dr. R. Merkel, Prof. Dr. St. Augsberg), associations (Humanist Union of Germany, German Society for Humane Dying), medicine and politics. Moderation: Prof. Dr. Rosemarie Will, Humboldt University, Deputy Chairwoman of the Humanist Union
- The Humanistische Union and Friedrich Naumann Foundation invite you to this event at Humboldt-Universität zu Berlin, Hauptgebäude, Östlicher Lichthof, Unter den Linden 6, Berlin 10099. Admission is free.
February 26, at 10:45 a.m. and 6:45 p.m.
- Broadcast Vis á Vis by rbb: “Concepts of the Humanist Association for assisted suicide counseling”
February 26 in Karlsruhe and March 21 in Oberwesel
- The Giordano Bruno Foundation (gbs) has invited a group of individuals and organizational representatives from the secular-humanist spectrum to engage in joint strategic deliberations.
