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Council of Europe says 'Euthanasia must always be prohibited'
Saturday, January 28th, 2012
The adoption of a resolution by an important European political body banning euthanasia has been welcomed by pro-life organisations.
On Wednesday (January 25) the Parliamentary Assembly of the 47-member state Council of Europe (PACE) adopted a resolution that, “Euthanasia, in the sense of the intentional killing by act or omission of a dependent human being for his or her alleged benefit, must always be prohibited.”
The purpose of the resolution entitled, “Protecting human rights and dignity by taking into account previously expressed wishes of patients” was to define the principles that should govern the practice of “living wills” or “advance directives” in Europe. It comes a year after the European Court asserted that there is no right to euthanasia or assisted suicide under the European Convention.
Living wills allow patients to express in advance their wishes relating to a medical intervention or treatments, in case they are not able to do so. These wishes should then be taken into account afterwards. However as the administration of Living wills is open to abuse, the PACE has made a list of principles to govern the practice in the 47 States of the Council of Europe.
This list is based on principles elaborated in three documents previously adopted in the Council of Europe, including the Convention on human rights and biomedicine (Oviedo Convention), which legally binds the majority of member States. But because of the growing concerns around euthanasia, the Assembly estimated that it is necessary to recall explicitly the basic principle that intentional killing must always be prohibited.
The prohibition of euthanasia is also a fundamental rule of medical ethics.
Following the declaration of the first principle governing living wills, that Euthanasia must always be prohibited, PACE passed a list of other principles and guidelines, including the principle introduced by Italian MP Mr Luca Volontè that, “in case of doubt, the decision must always be pro-life and in favour of the prolongation of life.”
According to the European Centre for Law and Justice (ECLJ), although the resolution (which was passed by 34 to 16), is not legally binding on member states, “it has a real influence on the legislative process and on the judicial process, especially on the case-law of the European Court of Human Rights.
“This Resolution is a clear indication that the growing majority of Europeans is opposed to euthanasia. The many abuses occurring in the countries allowing euthanasia are alarming and constitute violations of true human rights,” said Dr Grégor Puppinck, Director of the ECLJ.
Dr Puppinck said the resolution should have an impact on a forthcoming decision by the European Court in the case of Koch v. Germany, concerning a ban on assisted suicide in Germany.
The Council of Europe, based in Strasbourg (France), covers virtually the entire European continent, with 47 member countries representing 800 million people. Founded on May 5 1949 by ten countries, it seeks to develop common and democratic principles based on the European Convention on Human Rights and other reference texts on the protection of individuals throughout Europe.
by Susan Gately