The fundamental ruling of the Federal Constitutional Court, which almost exactly two years ago to the day rejected the ban on assisted suicide in a business or professional medical setting and instead confirmed a general fundamental right to help people to take their own lives. The former Section 217 of the German Criminal Code was declared unconstitutional and null and void. Since then, appropriate legal regulations have been pending.
A group led by FDP MP Helling-Plahr will resubmit their draft from the last legislative period, which dispenses with any criminal liability, with only slight changes. Künast, at least, also wants to stick to her similar proposal, which was circulated by Green MPs Renate Künast and Katja Keul in 2021. This was reported in the Tagesspiegel Background of 16.02.2022 ( Euthanasia law in the fall? – Tagesspiegel Background ).
In contrast, a group of MPs led by Prof. Lars Castelluci (religious policy spokesperson for the SPD), Ansgar Heveling (CDU) and Dr. Kirstin Kappert-Gonther (Greens) has been working since January 2022 to reintroduce a new version of Section 217 of the German Criminal Code, which provides for restrictive measures as an exception to criminal liability. These include, for example, regular psychiatric assessments of patients requesting assisted suicide and waiting periods of at least six months. “Such advances threaten autonomy at the end of life,” explains Erwin Kress, spokesperson for the board of the HVD Bundesverband. “The right to self-determination regarding one’s own death must be respected without ifs and buts in accordance with the liberal provisions of the Karlsruhe ruling. There must be no renewed criminalization of assisted suicide; this point has the highest priority for us.”
According to reports from parliamentary circles, the Bundestag is to discuss the issue of assisted suicide in an orientation debate before the summer break. Erwin Kress also believes this is necessary: “For years, around three-quarters of our population have stated that they would like to seek professional help in the event of a voluntary suicide. However, there are still many problems with this, particularly on the part of doctors. The Bundestag must create a reliable framework outside of criminal law. To do this, however, members of parliament need test criteria to guide them in their conscience-based decisions. Mere intuition is not enough.”
In its points of orientation, the HVD calls for more offers of help in the care criteria to be standardized by the state – instead of restrictions and unnecessary obligations – including innovative prevention of hasty, lonely and often brutal suicide attempts. All three bills currently in circulation provide for the creation of new counseling centers. Based on its 30 years of practical experience with humane euthanasia, patient autonomy and suicidality, the HVD suggests that the traditional dichotomy between assisted suicide and suicide prevention should finally be overcome. In addition, the new law must include a new regulation in the Narcotics Act to regulate the medical prescription of suicidal drugs.
The HVD’s recommendation to the members of the Bundestag “Seven humanistic points of reference for a law regulating assisted suicide, suicide conflict counseling and suicide prevention” can be found here can be downloaded here.
The HVD has relevant practical experience and expertise with its counseling centers and facilities in the health and social services sector. At the request of the Federal Constitutional Court, the HVD prepared two statements in the objection proceedings against Section 217 of the German Criminal Code (StGB) and presented a draft law on the management of assisted suicide and suicide conflicts back in May 2020.
