Oireachtas Joint and Select Committees
Wednesday, 22 November 2017
Joint Oireachtas Committee on Justice, Defence and Equality
Right to Die with Dignity: Discussion
9:30 am
Professor Penney Lewis:
Dutch law permits euthanasia in the context of what it calls non-somatic suffering or suffering from a disorder that is not physiological. That was the case for many years prior to the statute. There was a court case called Chabot where it was permitted. The number of cases is small and the criteria are similar. One must have a request that is valid, so it must be made by someone with capacity, it has to be voluntary, well considered, which includes a requirement that it be well informed, and the patient also has to be suffering unbearably with no prospect of improvement. It is possible to fulfil that criterion but not if the patient refuses realistic treatment possibility. If the doctor believes there may be a treatment that might work for the patient, and it is a realistic possibility, then euthanasia would not be available. The consulting physician or an additional consulting physician has to be a psychiatrist. There will be psychiatric input and in most cases with mental disorders in the Netherlands, the physician providing what is usually physician-assisted suicide in psychiatric cases rather than euthanasia will be a psychiatrist. There will definitely be psychiatric input looking at capacity and the unbearable suffering and treatment possibilities.
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