Selected legal aspects of end-of-life care: Euthanasia, palliative sedation and emergency medicine

The law distinguishes between several forms of intentional participation in life-shortening or life-ending acts (“euthanasia”). Therapy limitation is permitted or even required if the prerequisites for a medical intervention are no longer present. In contrast, active-direct killing (upon request) is categorically prohibited (§ 216 “Strafgesetzbuch” [StGB]). Considering the “fundamental right to self-determined dying”, however, there is now a clear tendency to narrow the scope of punishable offences. This liberal “spirit of time” has already prevailed for assisted suicide, provided that it is carried out in a “freely responsible” manner. For pain therapy to reduce suffering, risks may be taken in light of the protection of life; however, here too, legitimization is required through the principle of actual or at least presumed consent. There are challenges in assessing and executing the patient’s will in (suicidal) emergency situations, especially the adherence to autonomously made decisions on death.