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Guest article by Heidemarie Hurtl, \u00d6GHL<\/a> \u2013 Austrian Society for a Humane End of Life<\/em><\/p>\n\n\n\n At the beginning of 2022, the so-called \u201cSterbeverf\u00fcgungsgesetz<\/a>\u201d (short for: \u201cFederal Act on Establishing Advance Directives for Assistance in Suicide\u201d \/ \u201cBundesgesetz \u00fcber die Errichtung von Sterbeverf\u00fcgungen\u201d) came into force in Austria. The Act allows people residing in Austria to self-determinedly end their lives by assisted suicide under certain conditions. The hurdles that had to be overcome were initially very high \u2013 not least due to a lack of information and networks.<\/p>\n\n\n\n Much bureaucracy and few support options<\/strong> In the process, there are numerous instances when an organisation such as the Austrian Society for a Humane End of Life (\u00d6GHL) could provide advice and assistance. However, the rigorous ban on advertising formulated in the law \u2013 de facto a prohibition to provide information \u2013 has severely restricted this possibility. Apart from neutral information, nothing of this sort was permitted so far, let alone any form of physical assistance.<\/p>\n\n\n\n \u00d6GHL takes legal action on behalf of those affected<\/strong> The court application was heard in autumn 2024. Representatives of the federal government, various professional associations, and \u00d6GHL were heard in detail. The statement by our Managing Director Dr Christina Kaneider, who as a palliative care physician was able to contribute her experience from clinical practice, was particularly forceful.<\/p>\n\n\n\n
Even after the procedures had become established, terminally ill people were usually able to set up an advance directive for assistance in suicide only with the help of committed family members or friends. Two certifying doctors have to be found \u2013 one of them trained in palliative care \u2013 as well as a notary public, and, finally, a pharmacy willing to dispense the lethal medication. Once the person finally has it in their hands, they are left alone with it, because the further procedure is not regulated by law.<\/p>\n\n\n\n
In order to change this, to eliminate obvious injustices and to remove unnecessary hurdles, \u00d6GHL, with the support of DIGNITAS \u2013 To live with dignity \u2013 To die with dignity, filed a second application with the Austrian Constitutional Court (VfGH) in June 2023. The provisions formulated in the \u201cSterbeverf\u00fcgungsgesetz\u201d were challenged as unconstitutional on several points.<\/p>\n\n\n\n