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HomeMedico-LegalDespite Catholic majority, Spain wins right to medically assisted death

Despite Catholic majority, Spain wins right to medically assisted death

On 25 June, Spain became the fifth country in the world to legalise euthanasia, with a strict three-step evaluation that protects patients and doctors. The Right, however, is vocally against it

According to an article in New Frame, Spain has legislated that its citizens who suffer from a “chronic and incurable disease, with an unbearable physical or mental suffering” have the right to ask for medical assistance to die.

Parliament passed the law in March with 198 votes in favour, while 138 MPS belonging to the right-wing Popular Party (PP) and the far-right Vox Party voted against. Both parties have filed an appeal at the Constitutional Court arguing the law violates several articles of the Constitution.

Pablo Casado, PP leader and head of the opposition, said this wasn’t the best time to pass this law after thousands of Spaniards have lost their lives to COVID-19. He also said that doing it during a state of emergency prevented proper discussion before the final vote.

Spain is the first Latin country with a Catholic majority to legalise euthanasia in its whole territory. Netherlands was the first to do so, in 2001, then Belgium legalised it in 2002, while Luxembourg did the same in 2008. Canada joined in 2016. In New Zealand, the law will come into force in October 2021. In Australia, euthanasia is legal only in Victoria and Western Australia. In the United States, assisted suicide is allowed only in eight states. In Colombia, the Constitutional Court declared euthanasia legal, but Parliament has not yet passed a law to regulate it.

In Switzerland, euthanasia is illegal but a legislative gap allows assisted suicide as long as it is not the result of “selfish motives”. Assisted suicide in Switzerland is also allowed for non-residents, which leads many people from countries where euthanasia is still illegal to move there to end their life, a phenomenon called “suicide tourism”.

The legalisation of euthanasia, a word of Greek origin that means “easy” or “good death”, has various safeguards to ensure it is done for the good of the patient. Healthcare professionals who know the patients and maintain a meaningful clinical relationship with them must be involved. After the patient gives informed consent, euthanasia can be realised in two ways: a competent healthcare professional directly administers the substance causing the patient’s death or it is supplied to the patient and self-administered, which is called assisted suicide. If the patient is not fully capable or conscious, euthanasia can still be applied if they have asked for it in a legally recognised document.

New Frame notes that The Asociación Derecho a Morir Dignamente (DMD) or the Right to Die with Dignity Association, whose president is Sean Davison, founder and director of Dignity South Africa, has been the main actor in the fight for legal euthanasia in Spain.

Isabel Alonso Dávila, vice president of the Catalan branch, welcomed the law, although it does not include all of their demands. “Unlike the law in other countries, a Commission controls the process before and not after the exercise of euthanasia,” she says. “It aims at protecting the doctors from lawsuits, but this can extend the process up to 45 days, which is a lot for people in pain.”

The Commission of Guarantee and Evaluation represents a third and final assessment level. The first level relates to the doctor in charge of the patient. The second includes another doctor who specialises in the pathology from which the patient suffers and who also has to give permission. Then, finally, the commission evaluates the case.

The College of Doctors of Catalonia appreciates the way the Spanish evaluation system safeguards and guarantees patients’ rights. “I don’t see a massive request [for euthanasia] coming. We shouldn’t polarise this law on a political level,” says Josep Arimany, member of the Ethics Commission dispelling a popular notion by those against the law.

He added that “every doctor has the right to conscientious objection” but the will of the patient and their right to euthanasia “must always be respected”. But, as happens with the right to abortion in some conservative regions, patients’ rights might not be respected above the doctor’s right to object. Many fear that widespread conscientious objection from doctors will hinder the application of euthanasia.

The hostility of the PP as well as the Catholic church, makes Dávila suspicious, adds New Frame. “We will remain attentive to ensure the law is applied across the country,” she said at the DMD headquarters in Barcelona’s city centre.

“Some hospitals with links to the church have already said they won’t practise euthanasia. However, the law says conscientious objection is an individual right for doctors, not institutions. What’s more, many of them receive public funding, so the state has to intervene,” she said.

She points out that, for instance, 95% of the budget of Sant Joan de Déu Hospital in Barcelona is provided by the state. Dávila is also afraid that PP and Vox may appoint people against euthanasia to the Commissions of Guarantee and Evaluation of the regions they rule in order to prevent its exercise. This has already happened in the Murcia region, with the appointment of Aurelio Luna Maldonado, professor of legal medicine, and Carmelo Sergio Gómez, president of the Murcian Society of Geriatric and Gerontological Nursing, who are both openly against the law. Last December Maldonado wrote an article against euthanasia titled, Have we lost common sense? for the most widely read newspaper in Spain.

Despite this, the law enjoys wide support among the Spanish. According to a survey conducted by Sigma Dos for the newspaper El Mundo, nearly 70% of Spaniards support its legalisation, including 45% of Vox voters. Over a decade, polls conducted by the Sociological Research Centre, a public research entity, have shown that most Spaniards favour euthanasia, especially those under 65. A survey from 2019 by Metroscopia revealed that 59% of religious people were also in favour of it.

To some, these numbers may seem shocking, given that Spain was considered a staunchly conservative society not too long ago. But the percentage of the population attending Sunday masses has been dwindling since the transition to democracy in the late 1970s.

“The Catholic church is now paying the price for its support to the military dictatorship,” says Gerard Guerra Rey, a pastor of a small church in Santa Coloma de Gramanet, a working-class neighbourhood close to Barcelona. The Francisco Franco dictatorship, which was established after the Spanish Civil War (1936-1939), lasted 40 years.

 

Newframe article -Spanish win the right to medically assisted death

 

See more from MedicalBrief archives:

 

Doctor and patient in new SA bid to legalise euthanasia

 

Euthanasia 44 years later: A case of déjà vu

 

Euthanasia advocate gets 8-years house arrest for 3 murders

 

Canada to legalise assisted suicide but not for foreigners

 

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