The belgian law:
The request of the patient is at the centre of the debate. Without this request, there is no question of euthanasia, defined as the act, performed by a third person, in order to end the life of a person at the request of this person.
Ï The Criminal Code remains unchanged but this specific law introduces the decriminalization of euthanasia if the physician follows the preconditions foreseen by the law.
Ï To avoid prosecution, the physician ? and the physician alone ? must respond only to the voluntary, written, well-thought-out and reiterated request by an adult patient who is in a serious and incurable medical condition, and experiencing unbearable physical or mental suffering. The physician must also inform the patient of his state of health and life expectancy, and of the possible therapeutic measures and available palliative care.
Ï The physician must hold a consultation with a second physician.
Ï If death is not imminent, the physician must request a consultation with a third physician, either a psychiatrist or a specialist of the patient?s pathology.
In that case, a delay of at least one month between the request and the euthanasia has to be respected.
Ï As is the case in The Netherlands, there is a system of control. The physician has to declare the act of euthanasia to a Federal Commission composed of 8 physicians, 4 jurists and 4 persons from environments entrusted with the problems of patients suffering from an incurable disease. This Commission has a second mission: to establish every other year a statistical and evaluative report, and to suggest recommendations.
Ï The form of living will called ?anticipated declaration? is officially recognized but strictly limited to those who will lapse into a state of irreversible unconsciousness.
Freedom and self-autonomy form the cornerstones of this law. No physician is bound to perform euthanasia. But the physician who, calling upon his right of freedom of conscience, refuses to perform euthanasia, must transfer the patient?s medical record to a colleague of the patient?s choosing.
A question that is raised very frequently is whether citizens of foreign countries can come to Belgium for euthanasia. The preconditions and procedure of the law clearly establish the principle of a strong doctor-patient relationship. Outside of this long-standing personal contact, it is not possible to consider conducting legal euthanasia.