SELF-ADMINISTRATION OR PRACTITIONER ADMINISTRATION? THE SCOPE OF FUTURE GERMAN ASSISTED DYING LEGISLATION

Area of Science:

• Medical Law
• Bioethics
• Public Health Policy

Background:

• German Federal Constitutional Court invalidated a 2015 law against assisted suicide in 2020.
• This ruling established a right to a self-determined death.
• Legislative gaps persist, leaving vulnerable individuals unprotected.

Purpose of the Study:

• To analyze the potential scope of future assisted dying legislation in Germany.
• To examine the method of administration for lethal medications (self-administration vs. practitioner administration).
• To align legislative proposals with the German Constitutional Court's 2020 directives.

Main Methods:

• Comparative legal analysis of assisted dying frameworks.
• Interpretation of the German Constitutional Court's 2020 judgment.
• Ethical considerations regarding patient autonomy and protection.

Main Results:

• Current German legislation lacks a comprehensive framework for assisted dying.
• The study evaluates the implications of self-administration versus practitioner administration.
• The German Constitutional Court mandates a framework protecting vulnerable individuals.

Conclusions:

• A future German assisted dying law should offer a choice between self and practitioner administration.
• This approach best aligns with the constitutional right to a self-determined death.
• Such a framework ensures patient autonomy while safeguarding vulnerable persons.