Assisted suicide in the light of the case law of the European Court of Human Rights

Abstract

Modern society is a society accustomed to a life of prosperity and development. This causes people, at the very thought of constant pain (both mental and physical), to look for a solution that can shorten it. This state of affairs is influenced by utilitarianism (which proclaims that there is no point in suffering)
which is popular in highly developed societies. According to the Convention for the Protection of Human Rights and Fundamental Freedoms, every human being is free and therefore decides for himself/herself about his/her own life (including how to end it), but according to the same document, life is a legal good protected by law. Proponents of euthanasia and assisted suicide emphasise that a sick person can die with dignity thanks to a euthanasia procedure. They emphasise that human dignity is an overriding value protected by law. Opponents of euthanasia, on the other hand, argue that human life should not be valued. No one can decide which life can continue and which should be terminated. The institution that tries to settle the dispute between supporters and opponents of euthanasia is the European Court of Human Rights. According to the Court, the freedom to allow legal euthanasia must have a limit. This limit is Article 2 of the Convention and the control exercised by the ECtHR. Each per son’s case is different and subject to individual examination.