On March 18, 2021, Spanish parliament (Cortes Generales) passed a bill to decriminalise euthanasia and physician-assisted suicide for long-suffering patients with incurable diseases and for people with unbearable permanent conditions. With this, Spain became the fourth European country to allow euthanasia, the other three being –Luxembourg, Belgium and the Netherlands. In the lower House of the Spanish parliament, (Congress of Deputies) 202 votes were in support of the bill, 141 were against it, and there were 2 abstentions. Legislators from the left-wing governing coalition supported the conservative and bill, while the far-right legislators opposed it, pledging to overturn the law in the future. It is expected to go into effect in mid-June, 2021.

Euthanasia and Physician-assisted Suicide

Euthanasia, also called mercy killing, can be described as the act of deliberately ending a patient’s life to put an end to his/her suffering. Here, a doctor administers lethal drugs to a patient. However, physician-assisted suicide demands that the act should be undertaken by the patients themselves under medical supervision or with assistance from others.

Spanish Law on Euthanasia

The bill allows Spanish citizens two ways to end their own lives— physician-assisted suicide and euthanasia—if they are terminally-ill or with ‘serious or incurable illness’.

However, for such requests to be approved, certain conditions have to be met. The person requesting has to be an adult Spanish national or a legal resident of Spain. While making such a request, he or she must be ‘fully aware and conscious’. Two written requests are to be submitted, 15 days apart. Two medical practitioners must approve the request after an evaluation of the physical condition of the person to make sure that the requirements (incurable illness or chronic and incapacitating condition) are met.

Other Countries where Euthanasia is Legal

Besides Europe, Canada and Columbia are the other countries where euthanasia is legal. Assisted suicide is legal in Switzerland. In certain states of USA, doctor-assisted suicide is legally permissible for patients with incurable conditions. In India, however, only passive euthanasia (in which the life-saving treatment is stopped) is legal.


Passive Euthanasia in India

The Supreme Court of India, in a landmark ruling on March 9, 2018, upheld that the fundamental right to life and dignity includes the right to die without suffering. This right recognises a person’s choice to refuse medical treatment and die with dignity. This is based on the idea that the right to put an end to one’s life is essential for a meaningful existence. However, this is only permissible in case of terminally-ill patients to avoid prolonged agony and active euthanasia is not legal in India.


 

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