GERMANY – Suicide assistance after Section 217 of the German Criminal Code: An interim report
20 May 2020
After the surprisingly unambiguous ruling of the Second Senate of the Federal Constitutional Court on 26 February 2020, which declared void Section 217 of the German Criminal Code (StGB) – “geschäftsmässige Förderung der Selbsttötung” (prohibition of repeated and thus professional assistance in suicide), little action has been seen on the side of politics and administration with regard to suicide assistance. Politicians have remained largely silent, which comes as little surprise in view of the corona virus situation that has all but paralysed the country. However, this also gives opponents of assisted suicide an opportunity – to their advantage – to keep this unwelcome topic out of public debate.
Regulatory overzealousness
However, work is being done behind the scenes. Various sides have eagerly – and not always with the necessary expertise – started to draft law proposals to regulate assisted suicide; while this is understandable to some degree, “DIGNITAS – To live with dignity – To die with dignity” believes that this comes far too early. It is not by chance that the Federal Constitutional Court pointed out in its ruling that almost no research has been done so far in Germany on whether there actually are risks associated with permitting assisted suicide and, if so, what exactly they are.
Regulating assisted suicide as quickly as possible without relying on scientifically proven findings is reckless. In particular, there is a danger that suicide assistance – as has been the case before – will turn into a bone of contention by religion-driven political and electoral manoeuvres, and that any new regulation will, as a result of personal ideological sensitivities, end up again unduly restricting or even making impossible the freedom just gained, even though there are no objectively justifiable reasons to do so and the restrictions are not based on any empirical data.
Serious research must be the first step. Only then will it become clear whether and, if so, which regulations are necessary at all. Almost eleven years ago, on 29 June 2009, the Swiss government recognised, on the basis of the findings of more than twenty years of practice with a single, very brief paragraph in the country’s Criminal Code, that a special law to further regulate suicide assistance was unnecessary. They concluded that the existing laws were sufficient to counteract potential abuse. Why should this be any different in Germany?
Hurdles in the practical implementation
Although suicide assistance is now allowed again in Germany, the conditions for its practical implementation remain unsatisfactory. The medication most suitable for suicide assistance, sodium pentobarbital (NaP), is still not available. Federal Health Minister Jens Spahn continues to prevent even the most severely ill from having access to this medication: he illegally instructed the Federal Institute for Drugs and Medical Devices (BfArM) in Bonn accordingly.
More than three years have passed since the ruling of the Federal Administrative Court in Leipzig which decided on 2 March 2017 that in exceptional cases, access to sodium pentobarbital must be open to the most severely ill. In the meantime, appeals to the Administrative Court in Cologne have led the court to conclude that the existing ban on sodium pentobarbital in Germany may in fact violate the German Basic Law. It referred the matter to the First Senate of the Federal Constitutional Court in Karlsruhe for clarification.
The Federal Constitutional Court is the only court in Germany with the authority to decide whether a law is unconstitutional. While waiting for the second ruling from Karlsruhe, persons in Germany who wish to exercise their basic right to a self-determined end to their life continue to contact DIGNITAS in Switzerland. Between 1 January and 5 May 2020, 22 members from Germany travelled to DIGNITAS to end their suffering and life in a gentle, safe manner.
Open-outcome advisory work for those wishing to end their own lives
On 4 March 2020, just a few days after the Federal Constitutional Court declared void Section 217 of the German Criminal Code, the associations “DIGNITAS – Menschenwürdig leben – Menschenwürdig sterben (Sektion Deutschland) e.V.” in Hanover (in short: DIGNITAS-Germany) and the “Deutsche Gesellschaft für Humanes Sterben (DGHS) e.V.” (German Society for Humane Dying) in Berlin, together with the Swiss DIGNITAS association, launched a joint platform called “Schluss.PUNKT” (which translates to “final”, “last” or “end point”). “Schluss.PUNKT” is a low-threshold hotline for persons in Germany who are thinking of ending their own lives. It is based on the long-standing successful advisory concept of DIGNITAS in Switzerland*.
From Monday to Friday between 12 and 2 pm, the hotline can be reached free of charge from all German telephone networks via the number 0800 / 80 22 400.
At the other end of the line, the caller will find people who take suicidal thoughts seriously. The advisers know that suicide is a human right and they respect the caller’s freedom of choice. They listen impartially and provide comprehensive information as a basis for a free decision based on the individual’s personal weighing of all options – including a well-considered suicide. This open-outcome approach helps to reduce the number of spontaneous and risky suicide attempts.
* The advisory concept of DIGNITAS mentionned in this article is outlined on page 25 of this document (PDF)
Links:
Media release by DIGNITAS of 26 February 2020 regarding the annulment of § 217 by the Federal Constitutional Court (in English)
Joint media statement by DIGNITAS and DGHS of 2 March 2020 regarding Schluss.PUNKT (in German)
Website of Schluss.PUNKT (in German)
