New rules on assisted dying fail to pass in German parliament

Berlin, Jul. 6, (dpa/GNA) – Germany is no closer to deciding new rules on euthanasia after two draft laws fell short of a majority in the lower house of parliament, the Bundestag, on Thursday.

First, a proposal for a stricter regulation in the penal code was rejected. A group of parliamentarians led by Lars Castellucci of the centre-left Social Democrats (SPD) and Ansgar Heveling of the conservative Christian Democrats (CDU) voted in favour of the draft, while 363 voted against it and 23 abstained.

The competing draft by a group led by Katrin Helling-Plahr of the pro-business Free Democrats (FDP) and Renate Künast of the Greens then received 287 yes votes, but there were 375 no votes and 20 abstentions.

Early in 2020, Germany’s Constitutional Court ruled that a ban on assisted suicide violated an individual’s right to self-determined dying. The judges also argued that the right to self-determined dying also includes the freedom to take one’s own life with the voluntary assistance of third parties.

This part of the ruling opened the door for organized services – but explicitly included regulatory options such as counselling obligations and waiting periods, leading to the proposals under consideration on Thursday.

Both proposals were intended to set conditions and requirements on time limits and counselling obligations in order to regulate assisted suicide for adults.

The proposal by the Castellucci/Heveling group provided for a new regulation in the penal code. It read: “Whoever, with the intention of promoting the suicide of another person, grants, procures or mediates the opportunity for this on a commercial basis, shall be punished with imprisonment of up to three years or a fine.” However, exceptions should also be regulated.

The proposal by the Künast/Helling-Plahr group envisaged a regulation explicitly outside the penal code. A “law to protect the right to self-determined dying and to regulate assisted suicide” was to be introduced. Two groups joined forces for that proposal.

The draft stated: “Anyone who wants to end his or her life of his or her own free will has the right to seek help.” Doctors would then be allowed to prescribe medicines for adults.

GNA