VfgH clarifies:

Euthanasia remains prohibited in Austria

The ban on "assisted suicide" remains in place, according to the Constitutional Court.

(Bild: Tomschi Peter)

The ban on assisted suicide remains in place. The Constitutional Court (VfGH) came to the conclusion in a case that the ban does not violate the constitution. The same applies to the Death Decree Act and the conditions set out therein under which a person can make use of assisted suicide. What is unconstitutional, however, is the time-consuming procedure that must be undergone for a new directive after the expiry of the one-year validity period.

The Constitutional Court dealt with the issue of assisted suicide again following several applications submitted in 2023 by an association and four individuals - including two seriously ill people and a doctor. The applicants argued, among other things, that the prescribed "time-consuming and costly" formalities made it practically impossible for suffering people to have a quick, assisted and self-determined death with the help of a third party.

Complex procedure for advance directives
The Dying Decree Act has been in force since 2021. This was enacted after the Constitutional Court, at the request of two seriously ill people, among others, repealed part of the then applicable criminal offense of assisted suicide as unconstitutional. Anyone who wishes to end their own life can now draw up a dying will under certain conditions.

To do so, the person wishing to die must be suffering from an incurable illness leading to death or a serious, permanent illness with persistent symptoms. A dying will must be drawn up in writing, e.g. before a notary. Prior to this, two doctors must independently confirm that the person who wishes to die is capable of making a decision and has made a free and self-determined decision. An effective dying will enables the person who wishes to die to obtain a lethal preparation from a public pharmacy for the purpose of suicide.

The regulation on the renewal of a dying decree is partially unconstitutional.

(Bild: APA/HELMUT FOHRINGER)

With the enactment of the Dying Decree Act, the criminal offense of "assisting in suicide" was revised: Anyone who physically helps another person of legal age to kill themselves is still liable to a prison sentence of six months to five years, unless the other person is suffering from a serious illness and has been informed accordingly by a doctor and the assistance is provided without reprehensible motive.

Medical information and waiting period are legal
In conjunction with this new version, the Dying Decree Act creates legal certainty for third parties providing assistance, the Constitutional Court stated in its decision. This assistance is already exempt from punishment if the person of legal age who wishes to die suffers from an incurable, fatal or serious permanent illness, has been medically informed in accordance with the Dying Decree Act and the assistance is not provided for a reprehensible reason. However, an effective advance directive does not have to be in place.

For example, it is only permissible for a person who wishes to die to seek the help of a third party if they are seriously ill. According to the Constitutional Court, this restriction does not violate the right to free self-determination. The mandatory information provided by two doctors, one of whom must be qualified in palliative medicine, is also unobjectionable under constitutional law. This regulation is intended to ensure that the person can make an informed decision. It is also permissible for the dying will to be drawn up at the earliest twelve weeks after the first medical consultation (except in the terminal stage of an illness). This regulation also serves the purpose of ensuring that the decision of the person wishing to die is based on a permanent decision.

New procedure unlawful after one year
Twelve months after it has been drawn up, the dying will becomes invalid. However, it is not justified that the person wishing to die has to go through the entire complex procedure provided for in the law a second time in order to make a new advance directive. The Constitutional Court therefore repealed the relevant passage, which will come into force on June 1, 2026.

The ban on advertising assisted suicide is also partially unconstitutional. Only the "advertising" of this service should be prohibited - currently, however, it is also a criminal offense to offer or announce one's own or another person's assistance or means, objects or procedures that are suitable for suicide with reference to their suitability. This violates the human right to freedom of expression, which is why the phrase "offers, announces or" was also repealed by the Constitutional Court.

If you or someone close to you is in an exceptional psychological situation or is experiencing suicidal thoughts, please contact the telephone helpline on 142. You can find other crisis hotlines and emergency numbers HERE.