Oireachtas Joint and Select Committees

Tuesday, 26 September 2023

Joint Oireachtas Committee on Assisted Dying

Assisted Dying in Europe: Discussion

Mr. Silvan Luley:

I would like to quickly slip in one or two points. Professor Boer quite rightly stated that he gets goose bumps at the problem in our society of more people getting older. I fully relate to that but let us face it, it is the duty of a state, deriving from Article 2 of the European Convention on Human Rights, to make sure that all life is protected. That we have a problem in society with more elderly people or whatever cannot serve as an excuse not to legalise assisted dying. That argument does not hold together.

My other point is regarding doctors.

I agree with Professor Boer's argument on making the involvement of doctors as little as possible. However, the reality here in Switzerland is that the best means for assisted dying, which is pentobarbital sodium, is only available via a doctor's prescription. That means the system, as it stands in most countries which have legalised assisted dying, needs a medical doctor to get the best means. It is, of course, a possibility to change that and install a different system, such as the system we have here in Switzerland which is like a triangle where one has a doctor, a non-profit organisation such as Dignitas, and the family and friends of the patient, and, of course, the patient himself or herself. Under the multi-possibility system, which we also have here in Switzerland, doctors can conduct assisted suicide themselves without the involvement of an organisation such as Dignitas. Patients can either talk to their doctor and get help from the doctor directly without Dignitas or they can turn to Dignitas, sign up as a member and then later formally request the preparation of an assisted suicide after which we have to involve a medical doctor to write the prescription. The third layer is that, even outside of non-profit organisations and outside of doctors, assistance in suicide is possible so that lay people, as long as they stay within the framework of the law, could provide assistance in suicide to another person. However, the trouble with lay people and lay means is that one falls back on the negative consequences of do-it-yourself lay methods and insufficient means for assistance in suicide which could lead to botched assisted suicides and this, of course, has to be avoided. The only way forward is to install a system which makes sure it is legal and safe, and also complies with the article jurisdiction of the European Court of Human Rights which states that fundamental rights cannot be theoretical or illusionary; they have to be practical and effective.