ECHR Ruling Affirms No Right to Assisted Suicide Under European Convention

17.07.2024

The European Court of Human Rights (ECHR) recently issued a pivotal ruling that reinforces the prohibition of assisted suicide under the European Convention on Human Rights. This decision supports the stance of individual states, such as Ireland, which continue to outlaw euthanasia and similar practices.

The case involved Dániel Karsai, a Hungarian lawyer suffering from amyotrophic lateral sclerosis (ALS), who argued that Hungary’s ban on euthanasia and assisted suicide infringed on his human rights under Articles 8 and 14 of the Convention. Mr. Karsai claimed that he faced discrimination because, while terminally ill patients in Hungary can withdraw from life-sustaining treatments, he had no legal means to hasten his death.

In a decisive 6-1 majority decision, the ECHR maintained that the European Convention on Human Rights does not include a right to assisted suicide. The Court recognised a clear distinction between refusing medical treatment and actively seeking assistance in dying. They highlighted that most member states of the Council of Europe still prohibit assisted suicide, reflecting deep societal and ethical considerations.

The ECHR emphasised the importance of high-quality palliative care, which can offer relief to terminally ill patients like Mr. Karsai, allowing them to die peacefully without the need for assisted suicide. The ruling also highlighted the significant risks of abuse and error associated with legalising euthanasia, granting member states broad discretion in legislating these matters.

This ruling is significant as it emphasises that euthanasia and assisted suicide are not enshrined as human rights under the Convention. States are not obligated to legalise these practices, affirming the authority of nations to uphold their moral and ethical standards regarding the sanctity of life.