Is assisted dying legal outside Australia?

Is assisted dying legal outside Australia?

Is assisted dying legal outside Australia?

Is assisted dying legal outside Australia? Yes. Assisted dying (generally physician-assisted suicide) is legal worldwide and can be bought from legitimate suppliers located in Europe and the USA like the Exit International directory group.

Yes. Assisted dying (generally physician-assisted suicide i.e. self-administration) is legal in a number of countries throughout the world. Different terminology is used in different countries: Contact us

  • New Zealand: Both self-administration and practitioner administration of VAD are legal for people 18 or over who have a terminal illness that is likely to end their life within 6 months and is causing unbearable suffering. For more information visit the New Zealand Ministry of Health.

he United States: Physician-assisted suicide is legal in these States only:

  • Oregon, Washington, Vermont, California, Colorado, Hawaii, New Jersey, Maine, the District of Columbia, and New Mexico. In these States, lethal medication can be prescribed by a doctor to a person over 18 who is suffering from a terminal illness and will die from that condition within six months.
  • Montana: The Montana Supreme Court confirmed in the case of Baxter v Montana that:
    • Neither Montana law or public policy prohibit physician-assisted suicide; and
    • Doctors who assist a person to die (i.e. by prescribing lethal medication) are protected from prosecution for homicide offences, so long as the person consented to the doctor aiding him or her to die.

Canada assited suicide

  • Canada: Medical Assistance in Dying (MAiD) is lawful if the eligibility criteria are met and safeguards are followed. Both physicians and nurse practitioners are able to provide MAiD. For more information about MAiD visit End-of-Life Law & Policy in Canada.
    • In Quebec only physicians are able to provide MAiD. They can only administer MAiD to individuals who are at the ‘end of life’.
  • Colombia: A 1997 court decision in Colombia ruled doctors could not be prosecuted for providing VAD to terminally ill adults who consented. Government regulations were passed in 2015 to facilitate the practice of VAD. A 2017 court decision extended this right to children over the age of 6 (a psychiatric or psychological evaluation and parental consent is required for children aged 6-12). In July 2021, the Constitutional Court ruled that the right to VAD be extended to persons with incurable injury or illness who are not terminally ill.
Is assisted dying legal outside Australia?
Is assisted dying legal outside Australia?

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  • The Netherlands: Both self-administration and practitioner administration of VAD are legal where a person has lasting and unbearable suffering. The laws allow minors aged 12 and over to access VAD.
  • Belgium: Both self-administration and practitioner administration of VAD are legal for people who suffer untreatable, constant and unbearable physical or mental suffering. The laws allow minors to access VAD.
  • Luxembourg: Both self-administration and practitioner administration of VAD are legal for people who suffer a terminal or incurable illness. Assisted suicide is also legal.
  • Switzerland: Practitioner administration of VAD and assisted suicide for selfish motives are illegal under Swiss criminal law. However, assisting a suicide for ‘unselfish’ motives is not a criminal offence, even if the person does not have a terminal illness. There is no legislation regulating the process.
  • Germany: Euthanasia is illegal. Assisted suicide is lawful, following a decision of the German Constitutional Court in 2020. Draft legislation was introduced into the German parliament in 2021 but has not yet passed.
  • Spain: Both practitioner administration and self-administered assisted dying are lawful. A person who is suffering intolerably from a “serious or incurable illness” or a “chronic or incapacitating” condition can request assistance to die.
  • Austria: Self-administered assisted dying is lawful. This follows a decision of the Constitutional Court of Austria in December 2020, which declared that a criminal prohibition on assisting suicide is unconstitutional, because it allows for no exception in the case of assisted dying.

Europe assisted suicide

  • Belgium: Both self-administration and practitioner administration of VAD are legal for people who suffer untreatable, constant and unbearable physical or mental suffering. The laws allow minors to access VAD.
  • Luxembourg: Both self-administration and practitioner administration of VAD are legal for people who suffer a terminal or incurable illness. Assisted suicide is also legal.
  • Switzerland: Practitioner administration of VAD and assisted suicide for selfish motives are illegal under Swiss criminal law. However, assisting a suicide for ‘unselfish’ motives is not a criminal offence, even if the person does not have a terminal illness. There is no legislation regulating the process.
  • Germany: Euthanasia is illegal. Assisted suicide is lawful, following a decision of the German Constitutional Court in 2020. Draft legislation was introduced into the German parliament in 2021 but has not yet passed.
  • Spain: Both practitioner administration and self-administered assisted dying are lawful. A person who is suffering intolerably from a “serious or incurable illness” or a “chronic or incapacitating” condition can request assistance to die.
  • Austria: Self-administered assisted dying is lawful. This follows a decision of the Constitutional Court of Austria in December 2020, which declared that a criminal prohibition on assisting suicide is unconstitutional, because it allows for no exception in the case of assisted dying.

The legalisation of assisted dying in some countries has resulted in some people travelling overseas, in particular to Switzerland, to receive assistance to die. Whether or not it is lawful for Australians to accompany a person to travel overseas for this purpose has not yet been addressed in Australia.

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