In Austria, a new regulation for assisted suicide will apply from next year.

The parliament in Vienna approved a bill with a large majority on Thursday evening, according to which so-called euthanasia becomes legal under certain conditions.

If there is an incurable, serious illness, a fatal preparation can be purchased in pharmacies after consultation and the lapse of a period.

Killing on request remains prohibited.

Stephan Löwenstein

Political correspondent based in Vienna.

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Not only did the MPs of the coalition consisting of the Christian-democratic ÖVP and the Greens vote for this, but also the social democratic SPÖ and the liberal Neos from among the ranks of the opposition. The right-wing FPÖ, whose main speaker criticized individual shortcomings in a balanced way, voted against the draft. The Austrian Constitutional Court lifted the previously applicable absolute ban a good year ago, with a deadline of the end of this year so that the legislature could take measures to prevent abuse. If the National Council had not decided now, assisting suicide would have become legal without further rules.

At the same time, hospice and palliative care is being expanded across the board.

In the next three years, the federal government intends to spend a total of more than 100 million euros on this, with the states and municipalities to participate in the same way.

Only in seriously ill adults

The new law allows assistance in suicide only for seriously ill adult men and women who are capable of making decisions and who are not mentally ill. Then, after a period of usually twelve weeks and counseling with at least two doctors, this person who wants to commit suicide can draw up a death warrant in front of an official body such as a notary, which is entered in a register. A lethal drug can then be obtained from a pharmacy and made available to the sick person. The act of ingestion must ultimately be carried out by this person himself, otherwise it would be killing on request.

A narrow definition of the corresponding serious illness is provided: the person must suffer from an incurable, fatal illness or from an illness with persistent symptoms, the consequences of which have a permanent impact on their entire life, as determined by a doctor. In addition, the disease must bring with it a suffering that cannot be averted in any other way. At several points in the procedure for a death will it is provided that alternatives are clarified. One of the consulting doctors must have a qualification in palliative medicine. The person willing to commit suicide must be informed about the dosage and effect of the deadly preparation and the possibilities for psychotherapeutic or suicide prevention advice, and at the notary public about the legal consequences and alternatives.

This is only possible for people with Austrian citizenship or with residence in Austria.

Advertising and commercial offers are prohibited in this process, and no one involved may have or be promised an economic advantage.

“Inducing” suicide remains a criminal offense, as does helping minors or mentally ill people commit suicide.

Criticism of the law

There was criticism of the draft from various quarters. Liberals criticized the narrow medical restriction of the group of people. On the other hand, churches and life advocates criticized the fact that the law left a large loophole: Anyone who, after having documented their will to die and after receiving medical advice, waived the procedure with a death register and lethal medication and chose another method of suicide, for example with a firearm, was allowed to do so be helped with impunity despite the lack of other conditions and deadlines. It was also criticized that a psychiatric report is only provided as an exception.

The Christian Democratic speakers made it clear that the new regulation would only be created because the judgment of the Supreme Court had enforced it.

With that in mind and the majority situation, they tried the best possible.

Nevertheless, the abolition of the ban on aid constitutes a “dam break” and there are future expansions to be feared, it said with reference to countries such as Belgium.

Justice Minister Alma Zadić (Greens), on the other hand, was satisfied.

Three aspects were decisive: respect for human dignity, respect for life and respect for the very personal decisions of seriously ill people.