Sterbehilfe: Tödliche Dosis Insulin gespritzt - BGH spricht Ehefrau frei - Verlagshaus Jaumann
Aktive Sterbehilfe ist in Deutschland strafbar. Man darf einem Sterbewilligen eine Überdosis bereitstellen - aber einnehmen muss er sie selbst. Jetzt rütteln die obersten Strafrichter an diesem Grundsatz.
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These two sources are in German. There are no articles in English about the case. First of all I am no legal expert. I try to translate the content of the articles. I can do mistakes but I try my best.
Sadly I have to start with a huge but...Yes this is a judgment in favor of assisted suicide but the politicians work to create a new law which makes assisted suicide very difficult to get. In my point of view the most likely draft is unconstitutional. The highest court was very liberal about assisted suicide in their ruling 2020. But the elites don't like the ruling. In polls it is pretty clear the German population wants liberal assisted suicide laws. And I am kind of proud that the population is smart and empathetic enough. But the media and some politicians make a campaign against it. my In point of view this is kind of undemocratic because the polls are very clear. When I read about the new ruling I made a short research. Many people welcomed the new decision and told that the politicians are too strict in the way the deal with this issue.
But I have also read some very ignorant statements. Like murder was now legal. Now I come to the new judgement. A wife helped her husband to die. The man had several tormenting conditions. He had diabetes, depression and many more conditions since a very long time period. He often told her he wants to die. His wish was persistend. He was a nursing case. I think the thing which makes this case special is the following. He was unable to do it alone without her help. They combined methods. He overdosed on pills. He was unable to take the pills out of the box. His wife helped him. But he took the pills himself as far as I know. But moreover the wife gave him an insuline injection (lethal overdose). In my country active euthanasia is usually forbidden. Here this judgment turns really complex. As far as I understand they did not see it as active euthanasia. She only helped to him to die. Despite the fact she gave him the lethal injection. The pills would have killed him anyway. Furthermore she was not obliged to call an ambulance. Due to the fact that the will of this ill man had to be respected. The judgement said. In this case it was clear that the man had the control over the situation. She just carried out his will. They refered to the liberal assisted suicide judgement from 2020. Yeah many shitty politican want to reverse most of its impact. She got no punishment. Otherwise she would have got one year on parole.
I am very glad for his wife. She just respected his will. In my point of view she wanted to respect the dignitiy of her husband. She absolutely should not get any punishment for that.
But patient advocates are shocked. This is at least what the media reports about it. This judgment will lead allegedly to pressure that vulnerable, old or disabled people have to apply for assisted suicide now. Honestly this is such a bullshit argument. (the court also addressed this possible issue and refuted it)
But probably not for a long time anymore. There will be heavy restrictions soon. I have read assisted suicide organizations want to sue against the new law. Though due to the fact the highest judge of the highest court has changed now to a former christian democrate they will likely not have chance against that. For me this is really undemocratic. If there was direct democracy the people would clearly vote in favor of it. When the judgment was announced 2020 the audience gave the judges standing ovations. This never happened in the history of the highest court before.
With this new judgment (concerning the wife who helped her husband to die) the patients advocates see now a horrible damn break in favor of active assisted suicide happening. The pressure that vulnerable people think they had to die would increase now. I also read people saying. Yeah I know my hamster can get asisted suicide but I don't want to be compared with such an animal. Ignorant people in my point of view.
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