[Aging and dying in prison]

The aging of society is also leading to a growing number of elderly prisoners in the prison system. The challenges associated with this relate not only to the treatment and medical care of prisoners in accordance with legal requirements with the prospect of release from prison. The prison system must also find an appropriate way of dealing with prisoners who are spending the end of their lives in a correctional facility. So far, the prison system has only begun to address this issue. This primarily concerns the material and personnel requirements for a prison system that is suitable for the elderly. If possible, prisoners should not have to die in prison, and there are also legal options that open the possibility of dying in liberty. However, if release at the end of life is not an option, appropriate conditions must be created for dignified age- or illness-related dying in prison. From a legal perspective, the judgement of the Federal Constitutional Court on the fundamental right to a self-determined death has raised the question of whether prisoners who wish to die must be given access to means of suicide. Although this cannot be categorically ruled out, the special features of the prison situation must be taken into account-for example, through a particularly careful examination of whether the decision to commit suicide was made freely and responsibly.