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Human rights activists: Belgian Court fails in protecting lives by amending euthanasia law

22-02-2022

CNE.news

The patient can only trust the doctor if he is sure his right of life is protected. Photo AFP, Franck Fife

Human rights activists are concerned about the decision of the Belgian Constitutional Court. The Court decided on February 17 that health care institutions can no longer refuse to perform euthanasia.

Suppose a medical practitioner does not want to perform euthanasia. In that case, he is forced to send anyone wanting euthanasia to a "centre specialised in euthanasia" ADF International reports.

Human rights experts argue that the right to life and freedom of religion, belief and conscience is undermined. Jean-Paul van de Walle, the legal counsellor for ADF International in Brussels, says that the amendments threaten medical professionals' right to freedom of conscience. In addition, he argues that the changes endanger the right of patients to have access to an environment where they can be sure no euthanasia is performed. "Patients have better options than euthanasia, and healthcare institutions and doctors should be allowed to offer those choices without being coerced in this way."

Slippery slope

According to ADF International, Belgium is sliding down a slippery slope concerning the concept of euthanasia. It was at first seen as a rare exception. However, currently, Belgium is the only country that lacks a minimum age restriction for euthanasia. That led to worried responses from different countries at the UN Human Rights Council.

Human rights organisations like the International Covenant on Civil and Political Rights have called on the government to "protect and promote the right to life of all people until natural death."

One of the cases that demonstrates the risks of euthanasia is the one of Tom Mortier. His mother had been euthanised after she had relapsed in an "untreatable depression." She had been physically healthy, and her psychiatrist had already warned that she did not meet the legal requirements of the Belgian euthanasia law. Yet, she was euthanised in 2012. Mortier took his case to the European Court of Human Rights, where it is still pending.

Safeguards prevent illegal euthanasia

ADF International argues that this case shows that safeguards to prevent illegal euthanasia do not work. "The same doctor who euthanised her co-chairs the Federal Commission which reviews euthanasia cases to ensure the law has been respected."

Robert Clarke, Deputy Director of ADF International, calls the Belgian government to "review and repeal its euthanasia legislation." "This most recent step down the slippery slope stands as a clear warning. It exposes the truth that, once these laws are passed, the expansion and impact of euthanasia cannot be controlled."

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