For the past two years, the Federal government refuses to a judgment of the Federal administrative court for euthanasia. Therefore, authorities are obliged, suffering, terminally Ill, in exceptional cases, to permit the purchase of deadly drugs. The Minister of health, Jens Spahn says that this is done out of respect. Of course, not out of respect before the Federal administrative court, whose judgment will be ignored, but is, literally, “out of respect for the Federal constitutional court”. There’s a bunch of complaints from Doctors and patients, lawyers against the 2015 introduced in Section 217 of the penal code, the “business-like” euthanasia is prohibits.
In April, will be the theme in Karlsruhe negotiated
Spahns hope for a correction from Karlsruhe, which redeemed him from the Leipzig judgment, now has a date. 16. and 17. April will negotiate with the judge. A decision might still be in the first half of the year. The legal thing is just a hook. One procedure, which has to do with the other. Spahn creates the impression that this could be a judgment, the other cancel. And that he does nothing else, to prove to the higher instance of “respect”.
Between authorities and Private there are differences, emphasize the judge
The Leipzig judges seem to have seen before: The official granting of a work permit for lethal narcotics cannot be compared with the business-like suicide assistance of mortality unite for help-that’s it, in your judgment. Authorities pursued, unlike private associations, not self-interest. It’ll also created a state “supply of assisted suicide”, but the right to self-determination for the terminally Ill. To do this, you refer to, of all places, the explanatory Memorandum to Clause 217. Because a criminal offence should not then be just, if “in a particular case, after careful investigation and strict orientation to the freely responsible decision of a suicide determined Person suicide, aid is granted”.
The speech from “respect” hides a failure
authorities do not do business, at least not lethal with sleeping pills. And if there is, in individual cases, a right of self-determination to Die, then it may indicate this also in several individual cases, as defined by the Leipzig court as an exception to situations. There must be no contradiction if the state is on the one hand, medications for a death wish in specifically defined and limited situations, and on the other hand, the activities of Associations, under penalty, the private and unregulated companies.
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decision-making in Karlsruhe, the Federal constitutional court wants to negotiate in April on euthanasia
Jost Müller-Neuhof
Nevertheless, it is possible that the Federal constitutional court takes up the issue. Not because the judge would have to, but because you want it. The conflict puts a strain on all, and the policy can’t solve it. The respect, of the Spahn speaks, hides a failure, even his own.