The cooperative association Laatste Wil and several individuals have filed a lawsuit against the Dutch State. They argue that the current prohibition on assisted suicide conflicts with the fundamental right to self-determination of every person. The Court of Appeal in The Hague issued a ruling today in this case. The Hague court ruled against Laatste Wil and the other claimants.
In the Netherlands, providing assistance with suicide is punishable by law, except when this assistance is provided by a physician within the framework of regulated euthanasia. Laatste Wil and several members of Laatste Wil have summoned the State and demand that this prohibition be lifted. They aim for people to be able to decide about their own end of life. The prohibition on assisted suicide stands in the way and, according to them, conflicts with Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).
The District Court of The Hague rejected the claims. On appeal, the court agrees with the District Court. Case law from the European Court of Human Rights clearly shows that the Dutch prohibition on assisted suicide does not violate Article 8 ECHR. The court is bound by that case law in this case. The criminal prohibition on assisted suicide is a legal provision that the judge may only declare unlawful in exceptional cases.
