Assisted dying: what is the law in other countries?

On November 28, 2024By Pranco

MPs will have to make one of the most important choices of their careers this Friday: whether or not to vote for assisted death.

The purpose of the bill is to allow adults who are mentally capable, at least 18 years old, terminally ill and in the last six months of their lives to request help from a doctor if they want to die.

In England and Wales, encouraging or assisting the suicide (or attempted suicide) of another person is illegal under section 2(1) of the Suicide Act 1961.

The current framework must change, according to Ms Leadbeater, because the only options available to terminally ill and suffering individuals are “suicide, suffering or Switzerland”.

If England and Wales go ahead with the proposal, they will not be the first. What other countries have adopted assisted dying and what have been the consequences for them?

Dame Esther Rantzen revealed she had joined aid charity Dignitas (Jonathan Brady/PA)

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When Switzerland legalized assisted suicide in 1942, it became the first nation in the world to establish a ‘right to die’. It is one of the few countries that offer foreigners access to death support through institutions such as Dignitas in Zurich.

The drug must be self-administered in Switzerland.

Parents should participate in the decision-making process, but in theory 16 and 17 year olds do not need parental consent. Young people aged 18 and over have the option to request euthanasia without parental consent.

Belgium has allowed assisted death for adults and children since 2002. Patients must suffer from a serious, incurable disease that causes them to continue to suffer unbearable physical or mental pain.

Euthanasia and assisted suicide have been legal in Luxembourg since 2009. Patients must suffer from an incurable disease, be mentally competent and regularly experience unbearable physical or mental pain. They also need the approval of two doctors and a group of experts, and must make repeated requests to die.

Assisted dying in Spain became legal in the country in 2021. Applications for assisted dying are open to anyone with a serious, chronic and debilitating illness or condition that leaves the patient without hope of recovery. The law makes no distinction between mental and physical disorders.

A patient must consult a doctor and submit two written requests to qualify for assisted death. The request can then be approved by a regional committee of specialists.

Assisted suicide has been legal in Austria since 2022, but only under certain health conditions.

Before 2022, Austria had one of the strictest laws on suicide assistance. This system was unique in that it prohibited its residents from assisting other nationals in committing suicide abroad.

The Austrian ban was considered by the Austrian government to be excessively strict and contrary to the right to self-determination Austrian Constitutional Court in 2020. The new law was drawn up as a result of that ruling.

As in Switzerland, the medicines must be self-administered.

The Isle of Man parliament is close to finalizing a bill that would allow terminally ill adults with 12 months or less to live to be assisted in dying.

The law is expected to receive royal assent next year and the first assisted deaths could take place in 2027. There is a five-year residence requirement.

For terminally ill patients, Jersey has also promised to change the law to allow assisted suicide.

Ten US states, including Washington DC, have legalized it assisted suicide. With more than 25 years of expertise, in 1997 Oregon was one of the first jurisdictions in the world to provide assisted death for certain patients. It is now used as a template for other assisted suicide laws in the United States.

In Oregon, terminally ill, intellectually competent individuals, expected to die within six months, are eligible for assisted death; however, two doctors must approve the procedure.

External medical assistance in dying was first made available to the terminally ill in 2016. In 2021, this was changed to include anyone experiencing ‘unbearable suffering’ due to an irreversible illness or disability.

Despite delays, it is still expected to be accessible to people with mental health conditions in three years.

Australia and New Zealand

Most of Australia has legalized assisted death in recent years. In eligible regions of Australia, this increases to 12 months for people with neurological conditions.

In New ZealandPatients must be terminally ill and expected to die within six months.

The drug can be self-administered by patients in both countries. A doctor or nurse can also administer it, usually via intravenous injection.