Mortier v belgium [2022] echr 764 : warning signs for assisted dying regulation?

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BURT, Chay M.

The case of Mortier v Belgium,1 heard in the European Court of Human Rights (ECtHR), considered the compatibility of a permissive framework for assisted dying against rights enshrined within the European Convention on Human Rights (ECHR). The judgment follows a developing line of cases that have explored how and where a protected right can be engaged and infringed in the context of seeking assistance in dying. Previous cases have focused on whether a ‘right to die’ exists and, specifically, how a person’s Article 2 (right to life) and Article 8 (right to private and family life) rights are balanced against the wider protection of society. While issues regarding the posteriori control and compliance with the Belgian legislation were the primary concern, the complexity of patients wishing to end their life due to psychological suffering was discussed by Judge Elósegui in her dissenting opinion. The decision in this case signifies the ongoing difficulties that jurisdictions have, regardless of the length of time that a permissive regime has been in effect, in ensuring vulnerable people are adequately protected. [Introduction]

http://dx.doi.org/10.1093/medlaw/fwad034

Voir la revue «Medical law review, 31»

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