Sterbehilfe - Mit besonderer Betrachtung der Hospizarbeit (German Edition)

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Read Von 0 Auf So Sprechen Wir Online. Respektvoll Miteinander Sprechen - Konflikten Vorbeugen: Romische Sozialgeschichte PDF complete. Schadet Die Bibelwissenschaft Dem Glauben? Schwierige Schuler - Sekundarstufe: Mit Bezugen Zum Europarecht. Strafrecht Besonderer Teil II: Suhrkamp Taschenbuch Wissenschaft Nr. The Fiddler Playalong Collection: In a first reaction to this decision, Keir Starmer, the head of the British prosecuting body, expressed his consent with the verdict. Corresponding guidelines have been issued in February These guidelines declare criteria like the difference between "encouraging" and "assisting" suicide, the ability of the deceased to commit suicide themselves, age, whether there was an express wish to suicide, the relationship between the deceased and the assisting person and if the assisting person profits from the deceased's death as significant for the decision on prosecution.

Since their then provisional publication in September , the guidelines have served as a basis for judicial procedures. The case Cari Loder became the first criminal investigation to which the guidelines have been applied on 11 January, Loder took her own life in June after a severe neurological disease. Criminal investigations have been conducted against a member of the pro-euthanasia group "Friends at the End", Dr.

Libby Wilson, who stood in telephone contact with Ms Loder only a few days prior to Ms Loder's suicide. In accordance with Starmer's guidelines, the case did not come to prosecution. Public opinion, which was supposed to shape the new regulations according to Starmer, painted the following picture in According to a representative survey conducted on behalf of the London Times 19 July in reaction to the suicide of a severely ill couple in the accommodations of the suicide organization Dignitas in Switzerland, the majority of the surveyed British argue in favour applying active euthanasia in Great Britain.

Three-quarters of the surveyed persons pronounce themselves in favour of physicians' being allowed to provide active euthanasia in clinics. The original wording of the law lords' decision in the Purdy case. To the first reaction of Keir Starmer. To the content of the guidelines concerning prosecution.

Times' Article about its survey on the issue of euthanasia. Results of the Ipsos Mori-survey.

Neuerwerbungen im Juli 2010

Detailed information on the approach, the objectives and the tasks of the hospice movement is offered by the Bundesarbeitsgemeinschaft Hospiz German hospice foundation. Children's hospice Online Version. Diane Pretty complained to the Court that the UK Suicide Act was in violation of Articles 2 right to life , 3 prohibition of torture , 8 right to respect for private and family life , 9 freedom of thought, conscience and religion and 14 prohibition of discrimination of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

In its judgement of 29 April the European Court held that while the application was admissible, the prohibition of assisted suicide contained in the UK Suicide Act and the refusal to grant her husband immunity from prosecution if he assisted her in committing suicide were not in violation of the aforementioned Articles. Mrs Pretty had argued that Articles 2 right to life and 8 right to respect for private life of the Convention granted her the right to self-determination as to the prolongation or termination of her own life.

In the case of the terminally ill, who are no longer able to commit suicide themselves and who wish to avoid a painful death, this would include the possibility of third party assistance in the act of suicide. The Court conceded that the prohibition of assisted suicide according to the UK Suicide Act "might be thought to touch directly on the private lives of those who sought to commit suicide. According to the Court this applies especially to the UK legislation, which grants judges great flexibility in the determination of the sentence to be imposed in individual cases.

Moreover, the Court stated that the refusal of the British courts to give an advance guarantee of immunity from prosecution for Mrs Pretty's husband was not disproportionate. Mrs Pretty died in a hospice on 11 May, The controversy outlined above surrounding the basic issue of whether euthanasia would become "superfluous" if the possibilities of care, pain-relief treatment and personal comfort measures were fully exploited, receives significant attention in the euthanasia report written in March and commissioned by the Swiss Federal Department of Justice and Police, even though the vote of the working group was undecided.

Euthanasia report of Wolfslast and Conrads contains a good selection of legal documents on euthanasia. The volume contains legal texts, court opinions, directives and opinions from various countries; all documents are in German. Textsammlung Sterbehilfe Collection of texts on euthanasia. The Belgian law on Euthanasia, in effect since , includes the following preconditions: The patient has to be of sound mind and has to express his or her well-considered request voluntarily and under no duress.

The patient's medical situation has to be desperate and resulting in constant and unbearable physical or psychological suffering caused by an accident or a severe and incurable illness and which cannot be alleviated. In principle the right to active euthanasia is now accessible to patients of all ages while, once a minor requests euthanasia, additional restrictions apply see also the module "Euthanasia for minors".

The killing on request performed by a physician is legal only if a certain procedure is adhered to: The patient and the physician have to be convinced that there is no other "reasonable solution" for the patient. In a sequence of discussions with the patient over a suitable period of time the physician has to seek reaffirmation that the patient's physical and psychological suffering is truly permanent and the patient's death wish is persistent.

Concerning the question whether the physical or psychological suffering is permanent, unbearable and beyond palliation a second, independent specialist has to be consulted. The wish to die has to be put in writing and signed by the patient's own hand.

Ad-hoc recommendation of the German Ethics Council on euthanasia

If the patient is incapable of doing so the request to die may be written down by a person of the patient's choice in the presence of the physician. This third person must not have any material interest in the death of the patient. If the natural death of the patient is not pending, i. Adult patients or minors of a comparable legal status "emancipated minors" may formulate a living will covering the case in which they may no longer be able to express their wish.

Universität Heidelberg

This living will may call for a physician to "carry out euthanasia" if due to a severe and incurable impairment as a consequence of an accident or a disease, the patient is unconscious and this state is irreversible, according to current medical knowledge. The living will may contain a list of trusted third parties to be included in the decision on the assumed will of the patient.

If the patient is permanently incapable of formulating such a request, he or she may appoint a third person who has no material interest in the death of the patient. A physician who performs a killing on request on the basis of a living will made by an incurable and irreversibly ill and unconscious patient acts legally, if he or she adheres to certain procedures.

Among those are the obligation to consult a second physician in the assessment of the patient's medical situation and to include the third party laid down in the patient's living will in the process of establishing the patient's assumed wish. Any mercy killing has to be registered with and assessed by the "Federal Control and Evaluation Commission". The Commission has to judge whether the conditions and the procedures laid down for a legal killing on request are fulfilled.

If two thirds of the member commission 8 physicians, 4 members of the legal professions and 4 other professionals dealing with problems concerning the terminally ill come to the conclusion that the preconditions are not fulfilled, the case has to be referred to the state attorney.

The Belgian National Bioethics Committee initially published its opinion on euthanasia in In the committee published another opinion specifically on euthanasia with regard to persons unable to give their consent. Loi du 16 mars sur l'euthanasie et l'assistance au suicide. See Gordijn for a good, concise overview of the development of the legal regulations governing euthanasia in the Netherlands and the accompanying public debate.

Euthanasie in den Niederlanden - eine kritische Betrachtung Euthanasia in the Netherlands.

The term living will describes a person's declaration of intention, which the person expresses for the case that his or her health does not allow him or her to agree to or reject certain medical measures that concern him or her. These living wills are of high significance when it comes to the self-determination of a patient because varying moral concepts can cause the opinions of those involved in a situation of treatment to be opposed to one another.

Especially in cases where patients by means of living wills reject for themselves life-prolonging measures or where they, for the case of their own inability to make decisions, which might set in at a later point in time, even demand to be let die or to receive active euthanasia, hence making necessary the involvement of a third party, situations arise in which a medically indicated measure does not comply with the will of the patient. In the debate concerning the legal status and the bindingness of living wills, several heterogenous opinions were expressed. Amongst others, the working group "Patients' autonomy at the end of life", which was established by the Federal Ministry of Justice on 10 June , presented its final report in which it demands that the wishes expressed in living wills - if they apply to the concrete situation - shall be binding even "if the disease has not yet become fatal" unofficial translation.

To the contrary, the Inquiry Commission Ethics and Justice of modern medicine of the German Bundestag 15th legislative period published an intermediate report on 13 September In this report, the Commission advocates that a renunciation or termination of a medically initiated or medically proposed life-sustaining measure shall be put into action only "if the underlying disease is irreversible and will, according to a medical evaluation, lead to death despite of medical treatment".

Only recently has the legal status and the bindingness of living wills been legally regulated in the Parliament. It is the goal of this draft "to establish legal security for all persons concerned by means of legally regulating the living will" unofficial translation and to strengthen the respect for the maxim of self-determination. The living will, whose condition for validity is the written form or a comparable form such as a video-recording, is being fixed in the guardianship law. The will of the patient settled in the living will has to be observed independently from the nature and the stadium of the disease.

Its neglect is considered a criminal assault. If, in a case of a particularly severe decision of a caretaker or an authorized representative, it is being suspected that he or she might not act according to the will of the patient, this decision needs to be approved by the guardianship court.

The court also has to be contacted in cases where "physician and the caretaker have different opinions as to which decision is in accordance with the will of the patient" unofficial translation or in cases where "there is a justified risk that the person being taken care of dies as a result of the measure or suffers a severe and longer lasting damage to his or her health" unofficial translation.

Such a measure that has not been approved can be carried out only if a suspension is linked with a risk for the person being taken care of. Neither is it unconditionally essential to have a counselling interview with the physician before the living will is being written, nor does the living will have to be affirmed anew at regular intervals by means of signature and date. The decision to write or not to write a living will is up to every human being. Even if a living will would, from the view of nursing staff or relatives, disburden their subsequent action, no one shall be pressured or forced to write a living will.

Statements of will "which are aimed at the prohibited killing upon request remain invalid" unofficial translation. The wish to write a living will for the case of one's personal incapability to give consent is, the Members of the Bundestag state, understandable; future diseases and sufferings are, however, unpredictable.

Although living wills are in practice given attention if the wishes expressed in the living will are in accordance with the respective situation, there will always be cases in which living wills cannot be applied and are hence not binding. According to this draft, the current legal situation is entirely sufficient, meaning that "legal regulations going beyond the current legal situation are neither necessarily nor convincingly possible" unofficial translation. This draft could, however, not win through.

Neuerwerbungen im Juli 2010

This draft envisioned that a statement of wishes in a living will shall be "preceded by a comprehensive medical and legal consultancy, be documented and authenticated with the living will by a solicitor and shall be no older than five years or confirmed by a new medical consultation" unofficial translation.

In cases of curable diseases, the physician is not obliged to attend to the wishes expressed in a living will that has been written without medical consultation. Contents not aimed at a termination of treatment are nonetheless, binding. Final report of the working group "Patients' autonomy at the end of life" Ethical, legal and medical aspects concerning the assessment of living wills Abschlussbericht der Arbeitsgruppe "Patientenautonomie am Lebensende" Intermediate report of the Inquiry Commission Ethics and Justice of modern medicine. Statement of the President of the German Medical Association Statement of the Protestant Church.

Sample of Hamburg's medical association. The sample is part of a brochure of the Department for social affairs, family, health and consumer protection The Reader "living wills" compiled by Dr. A comprehensive description of the single aspects concerning the living will as well as assistance in writing a living will can be found on the website of the humanistic association Berlin humanistischer Verband Berlin:. The portal on medical ethics of the Ruhr-University Bochum provides an overview of text modules, which have been allocated by various sides in the course of the long-standing debate.

Information concerning the possibility for entrusting a person of trust with the enforcement of a living will is provided by the Federal Ministry of Justice in its brochure "law of legal care" Betreuungsrecht unofficial translation. This brochure includes concrete information regarding the living will and the authorization for caretaking. Two aspects are especially discussed: First, the ethical evaluation of suicide in terms of incurable diseases and second, the tasks and duties of physicians concerning suicide intervention, assisted suicide and the demand of killing on request.

In its statement, the National Ethics council introduces different positions: Accordingly, assisted suicide may be carried out in the case of an incurable disease. National Ethics Council Statement on self-determination and care at the end of life. Ordinary measures are those that are based on medication or treatment which is directly available and can be applied without incurring severe pain, costs or other inconveniences, but which give the patient in question justified hope for a commensurate improvement in his health.

Extraordinary measures are those that are based on medication or treatment which cannot be applied without incurring severe pain, costs or other inconveniences. Their application, however, would not give the patient any justified hope for a commensurate improvement in his health. If assessed from an ethical point of view, it is possible to distinguish between on the one hand life-prolonging measures the application of which is morally obligatory ordinary measures - as they are likely to help the patient - and on the other hand those measures which can be applied optionally extraordinary measures as the benefit to the patient is not immediately obvious or subject to considerable debate.

These limits were highlighted already in by Pope Pius XII, who pointed out that life, health and earthly actions are allocated, and thus subordinate, to spiritual purposes. Death is seen as an integral element of life, since according to Christian beliefs death is not the end, but the transition to new life.

AAS 49 , Aufbau und Entfaltung des gesellschaftlichen Lebens. As opposed to commercially conducted euthanasia which is trade-oriented, organized euthanasia is performed by associations. After the administrative court prohibited him from providing commercial assisted suicide in , he converted his organization into a registered association. This offer, according to Kusch, does not imply an active participation or a profit orientation in the punishable sense. A draft law on the prohibition of commercial assisted suicide was discussed in the Federal Council in , but its adoption was not implemented.

The attempt to arrive to new legal regulation of euthanasia failed in though. On 13 November, the first Bundestag debate concerning the question whether and how the law maker shall regulate euthanasia in the future took place. Four hour long debate of the Bundestag on assisted suicide and euthanasia Online Version German. Palliative care is targeted on the comprehensive care of patients showing non-curable diseases.

The aim is to provide these patients and their families with a best possible quality of life and satisfaction in life. Unlike active euthanasia death is not accelerated. The patient shall self-determinantly receive, until the time of death, the treatment most benefitial to him in both physical and psychological terms. The representatives formulated seven terms determining when euthanasia becomes permissible: Position paper Online Version German.

A regular offer would lead to an insidious shift of values towards a killing on request. Only close relatives who once accompany a family member wishing to die through suicide shall not be punished. The SPD-representatives warn against an explicit permission and fear that social pressure would urge the elderly and the gravely ill to make use of the option of medically assisted suicide. They want instead to preserve the existing possibilities of aid at the end of life.

Elisabeth Scharfenberg and Harald Terpe both Greens align themselves in their position paper with the demand for a basic prohibition of assisted suicide. Certain persons shall, however, be excluded, such as family members, loved ones as well as attending physicians who have a close bond of trust and care to the patient. Moreover, they argue for a penal prohibition of commercial assisted suicide as well as the public advertising for it. Moreover, associations of euthanasia shall not be completely prohibited, rather only strictly regulated. Solely commercially working euthanasia associations shall be legally ruled out.

Position paper Online Version In German. Common in all groups is the demand that palliative medical care or pain treatment in Germany shall be established. Among other things, the paper arranges for the financial reinforcement of hospice in the country. Press release of the German Medical Association: Reference of the Federal Council from May 31st to the parliament demanding not to enact any new legislation on the authorisation and surveillance of assisted suicide organisations, compare the press release of the Federal Department of Justice and Police published the same day.

UB Heidelberg: Neuerwerbungen im Juli

According to its charter, the purpose of the organisation is to "ensure that its members live with dignity and die with dignity and to enable others to benefit from these values". Those who join the organisation in Germany are given "direct advice in Switzerland [ The opening of the German branch in Hanover met with protests. For further documentation see:. Furthermore, the usage of assisted suicide rose from in to in EXIT therefore assumes that this is a sign of increased interest in the so called "right-to-die" organisations.

In the report of the five regional assisted suicide commissions in the Netherlands the amount of cases of assisted suicide in the year is specified as This amount shows an increase of about 10 percent in relation to the previous year cases. In comparison to cases the amount has doubled. The numbers show a tendency that, according to the organizations, has been present since More exact investigations have shown in reports of the last few years that this trend applies especially to the assisted suicide cases in patients with cancer: In patients with dementia 81 cases and patients with mental illnesses 42 cases the amount has not increased to the previous year.

First of all, the difference between palliative care and euthanasia had become more apparent due to a respective guideline. Regional euthanasia review committees annual report Online Version Dutch. According to the revised guidelines on "care of patients in the terminal phase of life", issued by the Swiss Academy of Medical Sciences Schweizerische Akademie der Medizinischen Wissenschaften, SAMS , for assisted suicide to be licit, the physician must comply with three minimum requirements: These points must have been checked by a third person, not necessarily a doctor.

These are patients whose doctor has arrived at the conclusion from clinical signs that a process has started which, experience indicates, will lead to death within a matter of days or a few weeks. The SAMS is currently working on a revision of these guidelines. This revision is supposed to be issued until the end of May under the new title "Dealing with Dying and Death" unofficial translation.

German version is the original, binding version. Information on the revision of the SAMS guidelines. The patient's wishes in this respect are the overriding criterion for decisions to reject or discontinue life-saving measures". If this is recorded in a patient's directives, the SAMS believes that they should be followed "as long as there are no concrete indications that they no longer represent his or her present wishes".

If there are no patient directives, an attempt must be made to determine their presumed wishes. The responsibility for decisions that are reached for or against further treatment of a patient should, the opinion continues, be shared and everyone involved, as far as possible, should accept them. German version is the original, binding version Online Version. Interviews mit Sterbenden Interviews with the dying. In addition to that the structural extension of the provision of care close to the residential areas to ensure participation in social life should be stressed as well as the conventional home care.

There is further a need to determine a sophisticated term which defines the scope of different forms of need of care.

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