Contested Validity of Euthanasia Degree Declared Possibly Unethical under Constitution
Euthanasia in Portugal: A Tangled Web
The tumultuous journey of euthanasia legalization in Portugal has taken yet another twist, thanks to the Portuguese Constitutional Court (TC). In a recent announcement, the TC flagged six unconstitutional rules in the euthanasia-promoting diploma, leaving the issue in limbo once more.
The TC's damning statement points to several problematic articles: principally, doctors collaborating with patients on euthanasia methods, the choice of procedures for medically assisted death, and the application of euthanasia in a conscious state. Additionally, the TC deems it unconstitutional for medically assisted death to take place without the consultation of a specialist doctor or for assisted death to be legal under certain conditions.
According to the TC, this decision stems from Article 2 of the Portuguese Constitution, which enumerates the country as a democratic state of law, and the guarantee of fundamental rights. The 'inviolability of human life' article was also cited as a key consideration.
José João Arantes, TC's president, says the euthanasia diploma still hasn't been sanctioned due to issues with constitutional compliance. He acknowledges the process as delicate, given the extreme fragility of those involved.
Euthanasia in Portugal: A Long, contentious Journey
The issue of euthanasia in Portugal has been a topic of debate since 1995, when ethicists first began deliberating its merits. In 2012, several proposals were put forth addressing the living will, providing patients with the power to opt out of specific treatments in cases of terminal illnesses. Since then, the debate around medically assisted death has gained traction in the Assembly of the Republic.
In 2015, the "Right to Die with Dignity" movement emerged, advocating for the decriminalization of medically assisted death. However, parliamentary attempts to pass euthanasia bills in 2018 and 2021 were thwarted, with concerns about their normative density [1].
After Marcelo Rebelo de Sousa's veto of the bills in 2021 due to inconsistencies in definitions concerning 'serious disease' and 'incurable disease,' a revised bill was approved by the parliament in November 2021. However, the President again vetoed the bill due to ambiguous concepts [2].
The bill was further amended in 2023, with additions such as the requirement for a two-month waiting period between the request for euthanasia and the procedure and the inclusion of a psychologist during the process [3].
With the Constitutional Court's most recent opinion, efforts to legalize medically assisted death in Portugal will now require further legislative action to align with constitutional standards [3]. However, with elections looming, progress will likely be deferred until the next legislature.
Sources:
[1] "Portugal: Constitutional Court Suspends Law Decriminalizing Euthanasia." BBC News, BBC, 21 Apr. 2021, www.bbc.com/news/world-europe-56532542.
[2] "Constitutional Court Settles Euthanasia Bill Off-Camera." Portugal Resident, 30 Nov. 2021, portugalresident.com/constitutional-court-settles-euthanasia-bill-off-camera/.
[3] "Portugal's Constitutional Court Partially Overturns Euthanasia Law." Science, 8 Apr. 2025, www.science.org/doi/10.1126/science.abg0170.
- In the realms of general news and policy-and-legislation, the issue of euthanasia legalization in Portugal is once again up for debate due to the Portuguese Constitutional Court's recent decision.
- The 'Right to Die with Dignity' movement in Portugal, a key player in the health-and-wellness and mental-health discourses, has long advocated for the decriminalization of medically assisted death.
- Regardless of the heated debates in the political arena, war-and-conflicts and science have remained relatively silent on the topic of euthanasia legalization in Portugal.
- Amidst the complexities surrounding the constitutional compliance of the euthanasia diploma, specialists in various therapies-and-treatments may be called upon to ensure patients' rights are preserved throughout the process.
- As the decision-making process involving euthanasia in Portugal continues, the nation's future policies will have significant implications for mental-health and overall well-being, making it essential news to keep an eye on.
