ABSTRACT

In the ongoing international debate about the legalisation of euthanasia a significant point of reference has been the recommendation against legalisation passed in 1999 by the Parliamentary Assembly of the Council of Europe. Finally, advocates of legalisation often allege that in countries where voluntary euthanasia is illegal there is a higher incidence of non-voluntary euthanasia than in countries where voluntary euthanasia is lawful and that legalising voluntary euthanasia would reduce the incidence of non-voluntary euthanasia. The original's focus on euthanasia, including its explicit recommendation that member states consider the legalisation of euthanasia, was replaced by an emphasis on the promotion of palliative care and on the prevention of euthanasia in secret. Euthanasia advocates argue that doctors are currently 'forced' to practice non-voluntary euthanasia precisely because voluntary euthanasia is unlawful. The Draft Resolution's suggestion that euthanasia is practised in secret because of 'legal uncertainties and outdated norms' rings hollow.