On the Regulation of Voluntary Euthanasia in Spain

Abstract

This paper intends to present a brief comment on the Proposal for a Law to regulate voluntary euthanasia, presented by the Socialist Parliamentary Group in January 2020 and approved, albeit with some amendments, by the Plenary of the Congress of Deputies on 18 March 2021. This law is a significant advance for the recognition of individual rights and, specifically, of personal autonomy, insofar as it recognizes the right of competent persons who are in a situation of «serious and incurable disease» or who suffer from a «serious, chronic and incapacitated condition» to receive medical help, both active and by omission, to die. This work analyzes some of the aspects that are considered to be the most relevant of the Law, such as the basis for the legalization of voluntary euthanasia; the reform of article 143 of the Penal Code, which establishes the decriminalization of cases of voluntary euthanasia that are carried out in accordance with the provisions of the law; the requirement that assistance to die must be carried out in a health context, under the direction and coordination of a doctor; the state of the illness, and the personal requirements of the person requesting the aid to die; the controls aimed at guaranteeing the adequacy of the provision; or the provision of conscientious objection to euthanasia. Even though the Law contains aspects that may be controversial, the overall assessment resulting from this analysis is clearly positive.