Austria's Stance On Physician-Assisted Suicide: What You Need Know

Assisted suicide, also known as physician-assisted death, is now legal in Austria under certain conditions. In 2022, a new law came into effect that allows adults who are terminally ill or have a permanent, debilitating condition to opt for an assisted death. This follows a 2020 ruling by the Austrian Constitutional Court that the country's previous ban on assisted suicide violated the right to self-determination.

The process is tightly regulated, with each case assessed by two doctors, one of whom must be a palliative care expert. Adults who want to end their lives must produce a diagnosis and have their ability to make their own decisions confirmed. They must then wait for a 12-week reflection period (or two weeks for those with a terminal illness) before they can obtain lethal drugs from a pharmacy.

Austria's assisted suicide law

Assisted suicide has been legal in Austria since 2022. The law permits assisted suicide for adults who are terminally ill or have a permanent, debilitating condition.

The Austrian law on assisted suicide is tightly regulated. Each case must be assessed by two doctors, one of whom must be a palliative medicine expert. The patient must also produce a diagnosis and have confirmation that they are able to make their own decisions. After gaining approval from the two doctors, patients must wait for a 12-week reflection period, or two weeks if they are terminally ill, before they can obtain lethal drugs from a pharmacist. To prevent abuse, the names of pharmacies that sell these drugs are not advertised publicly.

Previously, Austria had one of the most rigorous prohibition systems against suicide assistance. Under Austrian law until 2022, anyone who induced or helped someone to kill themselves faced up to five years in prison. However, in 2020, the Austrian Constitutional Court ruled that the prohibition of "helping people to commit suicide" violated the right to self-determination, leading to the creation of the new law.

Who can opt for assisted suicide

Assisted suicide in Austria is regulated by the federal Assisted Dying Act (Sterbeverfügungsgesetz, StVfG). The law, which came into effect in January 2022, allows adults who are terminally ill or have a permanent, debilitating condition to opt for an assisted death.

To be eligible for assisted suicide in Austria, individuals must meet several strict requirements. Firstly, they must be at least 18 years old, reside in or be a citizen of Austria, and be fully competent to make decisions. This means that minors and those with mental health conditions are explicitly excluded from the process. Additionally, applicants must be diagnosed with a terminal illness or a severe long-term illness with persistent symptoms that permanently impair their quality of life.

Once an individual has decided to pursue assisted suicide, they must undergo informative consultations with two physicians, one of whom must be qualified in palliative medicine. Both physicians must provide information about alternatives to assisted suicide, the process, and possible side effects. After gaining approval from both doctors, patients then enter a mandatory waiting period of 12 weeks (or two weeks for those with a terminal illness) to reflect on their decision.

If an individual still wishes to proceed after the waiting period, they must have their decision approved by a notary or patient advocate. At this point, they can obtain a lethal drug from a pharmacy to end their life. It is important to note that while a third party can assist by picking up the drug, the individual must carry out the final act themselves.

Overall, the process of assisted suicide in Austria is tightly regulated, and individuals must meet specific criteria and undergo multiple assessments to be eligible.

The process of assisted suicide

In Austria, the process of assisted suicide is outlined in the Assisted Dying Act (Sterbeverfügungsgesetz, StVfG) Federal Law Gazette. The law came into effect in 2022 and allows adults who are terminally ill or have a permanent, debilitating condition to opt for assisted suicide. Here is a step-by-step breakdown of the process:

Consultation with Physicians:

Those seeking assisted suicide must consult two physicians, one of whom must be a specialist in palliative medicine. The physicians will assess the individual's condition, confirm their decision-making ability, and provide information about alternatives to assisted suicide.

Reflection Period:

After gaining approval from the two doctors, patients must undergo a reflection period. This period is typically 12 weeks for those with a terminal illness and 2 weeks for those with a non-terminal condition.

Notification to Lawyer or Notary:

Following the reflection period, individuals must deposit their notification with a lawyer or notary, confirming their intention to end their lives.

Obtaining Lethal Drugs:

After the notification is received, individuals can obtain lethal drugs from a pharmacy. The names of the pharmacies providing these drugs are not advertised publicly and are only disclosed to the lawyers and notaries involved in the process.

Administration of Drugs:

Individuals must administer the lethal drugs themselves. This is an important distinction from euthanasia, where a doctor administers the drugs. Assisted suicide in Austria emphasizes the individual's autonomy and right to self-determination.

It is important to note that assisted suicide in Austria is tightly regulated, and active assistance to suicide remains outlawed. The process aims to ensure that individuals have the necessary information, time for reflection, and confirmation of their decision before proceeding with assisted suicide.

The role of doctors

After the initial consultations, patients must gain approval from both doctors, who will assess the patient's decision-making capacity and confirm their eligibility. This confirmation process includes evaluating the patient's diagnosis and ensuring they meet the criteria for assisted suicide, such as being an adult and having a terminal illness or a permanent, debilitating condition.

Once approved by the two doctors, patients enter a mandatory waiting period. This period is typically 12 weeks but can be shortened to two weeks for those with a terminal illness. During this time, patients are expected to reflect on their decision and can seek further counselling or support if needed.

After the waiting period, patients can obtain a so-called "death order" from a notary or patient advocate. This document allows them to access lethal drugs from a pharmacy to end their lives. It is important to note that the names of the pharmacies providing these drugs are not publicly advertised and are only disclosed to the lawyers and notaries involved.

While doctors play a crucial role in evaluating and approving patients' requests for assisted suicide, the actual provision of lethal drugs is typically fulfilled by pharmacies. This separation of roles ensures that doctors respect the patient's right to self-determination while also maintaining their focus on providing care and treatment.

It is worth noting that active assistance to suicide remains outlawed in Austria. This means that while doctors can provide information, evaluations, and approvals, they cannot directly administer the lethal drugs or actively end a patient's life. Overall, the role of doctors in Austria's physician-assisted suicide framework is to ensure patient autonomy, provide necessary medical assessments, and safeguard the process to prevent abuse.

Comparison with other countries

Austria is one of several countries that have recently legalised assisted suicide, with a law coming into effect in 2022. Other countries that have passed similar laws in recent years include New Zealand, Spain, and several Australian states. In the US, the number of states that have legalised the practice has also been increasing, with New Mexico becoming the latest to do so in 2021.

Austria's law on assisted suicide shares similarities with those in other countries. For example, like Austria, Belgium, Canada, Germany, the Netherlands, Spain, Switzerland, and some US states do not require a terminal diagnosis for patients to be eligible for assisted suicide. In these countries, voluntary euthanasia is also permitted. In contrast, in the US, physician-assisted suicide is limited to those with a prognosis of six months or less to live.

However, there are also some differences between Austria's law and those in other countries. For instance, in Austria, active assistance to suicide remains outlawed, while in Belgium, the Netherlands, and Canada, physician-administered suicide is allowed. Additionally, Austria's law specifically excludes minors and those with mental health conditions from being eligible for assisted suicide, while other countries, such as Belgium, Canada, and the Netherlands, allow minors to request assisted suicide with parental consent.

The legalisation of assisted suicide in Austria and other countries has been the result of court rulings and parliamentary debates. In Austria, the constitutional court ruled in 2020 that the prohibition of assisted suicide violated the right to self-determination. Similar rulings have been made by constitutional courts in Colombia, Ecuador, Germany, and Italy. However, in Germany, despite the court ruling, there has been no legislation to regulate assisted dying, and some remain firmly opposed to the practice.

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