Euthanasia of a person with a psychiatric disorder does not violate the European Convention on Human Rights (Mortier v. Belgium [no. 78017/17])

Abstract

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Media coverage of Belgium’s first criminal case concerning euthanasia for psychiatric patients: A content analysis of Flemish newspapers and magazines

“…As this Law does not contain specific sanctions, the general provisions of the Criminal Code apply, resulting in a situation that any infraction, even a non-essential, administrative error, would amount to murder. Therefore, the Constitutional Court concluded that the system of penalties for physicians who do not fulfill the legal due care criteria when performing euthanasia for psychiatric patients is a violation of the constitutional principles of equality and non-discrimination ( 36 , 37 ).…”

Euthanasia for unbearable suffering caused by a psychiatric disorder: improving the regulatory framework

“…Recently, the fundamental rights compliance of the Belgian Euthanasia Law, as applied to euthanasia for mental suffering caused by a psychiatric disorder, was scrutinized in two ground‐breaking court decisions 3,4 .…”

“…In the first of these, the European Court of Human Rights examined whether a euthanasia of a 64‐year‐old woman with treatment‐resistant depression and a personality disorder had violated the state's responsibility to protect her right to life, as well as the right to respect for private and family life of her son, who had only been informed about the euthanasia after it had been performed 3 .…”

“…Since in monitoring the legal compliance of that case of euthanasia the Commission had relied completely on the anonymous part of the registration document, the chair had inadvertently taken part in approving the euthanasia case without anyone having noticed his involvement. However, as this monitoring should be independent, reporting should not be anonymous if physicians involved in euthanasia are allowed to sit on the Commission 3 .…”

The Belgian euthanasia law under scrutiny of the highest courts

“…The case brought before the ECtHR, Mortier v. Belgium , concerned a euthanasia of a 64-year-old woman with treatment-resistant depression and a personality disorder. 5 , 6 The appellant in the case was her son, who only learned of his mother's euthanasia the day after it was performed. He claimed a violation of the right to life and his right to respect for private and family life, guaranteed by the European Convention on Human Rights.…”