Euthanasia in the Netherlands: A legal perspective and the public debate

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Published: Sep 25, 2020
DOI: https://doi.org/10.12681/bioeth.24844
Keywords:
euthanasia the Netherlands legislation assisted suicide advanced directives complete life
Malgorzata Wistuba
Student, Bachelor of Laws LLB., Leiden University, the Netherlands.
Abstract

Euthanasia and assisted suicide is made legal only in four countries in Europe, the countries being: The Netherlands, Belgium, Luxembourg and Switzerland. Euthanasia and assisted suicide is not only a legal question, how would the legislation look like technically speaking, but it is also a controversial topic which many countries are not ready to discuss. In addition to the legal aspects, other aspects are also associated with this issue. The question that always arises is whether the community feels the necessity for this kind of legislation. The aim of this article is to familiarise the reader with the euthanasia legislation in The Netherlands and the public debate surrounding it. The article will give an overview and explanation of the current legislation.

Firstly, the creation of the current legislation will be discussed, followed by an explanation of the current legislation on the basis of two cases that will be discussed in greater detail. In addition, attention will also be paid to other ending of life possibilities and concluded with the public debate on the legislation.
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References
Explanatory memorandum on the Law Review of Life Termination and Life Termination, 26691 nr. 3, 1999. Available at https://zoek.officielebekendmakingen.nl/kst-26691-3.html.
Coalition agreement 1998, letter from the formator, 26024 nr. 10, 1998. Available at https://zoek.officielebekendmakingen.nl/kst-26024-10.html.
Looking for standards for doctors' actions when asked for help with termination of life while suffering. Available at file:///C:/Users/Gosia%20Wistuba/Downloads/Commissie_Dijkhuis.pdf.
Law Review of Life Termination and Life Termination. Available at https://wetten.overheid.nl/BWBR0012410/2014-02-15.
Regional Euthanasia Review Committees Regulation. https://zoek.officielebekendmakingen.nl/stcrt-1998-101-p10-SC14079.html.
Dutch Civil Code, Book 7, Section 7.7.5. Available at http://www.dutchcivillaw.com/civilcodebook077.htm.
Dutch Criminal Code. Available at https://www.legislationline.org/download/id/6415/file/Netherlands_CC_am2012_en.pdf.
Burial and Cremation law. Available at https://wetten.overheid.nl/BWBR0005009/2018-08-01.
Court decision: HR 21 April 2020, 19/04910 (Written declaration patient with dementia). Available at https://www.legalintelligence.com/documents/34026776?srcfrm=basic+search&docindex=1&stext=euthanasie&rid=844546e7-8c1b-4296-8d1f-0080d3473509.
Court decision: HR 16 April 2019, JIN 2019/74 ( Case Heringa). Available at https://www.legalintelligence.com/documents/32024346?srcfrm=basic+search&docindex=3&stext=euthanasie%20heringa&rid=4d0564ee-e5e4-47e7-8ebf-93ab1db5cc2a.
The Perspectief research: Perspectives on the death wish of elderly people who are not seriously ill: the people and the numbers. Available at https://www.zonmw.nl/fileadmin/zonmw/documenten/Ouderen/Voltooid_Leven/ZonMw_A4_HPO_def-online-3_spread.pdf.
The Convention for the Protection of Human Rights and Fundamental Freedoms. Available at https://www.echr.coe.int/Documents/Convention_ENG.pdf.
Anniversary research by Maurice de Hond, Pill of Drion. Available at https://home.noties.nl/peil/40jaar/G1.pdf.