A Forgotten Declaration to Terminate Your Life
Potential Conflicts Between the Written Euthanasia Advance Directive in the Netherlands and the
Right to Life
Interaction between Legal Systems: Global Law: Legal Reasoning in International, EU and National
Law
Jéssica Aplugi Pinto
s3081303
1 November 2024
words (incl. footnotes): 2989
, 1. Introduction
Euthanasia, the deliberate act of ending a person’s life to relieve suffering, remains one of the most
ethically and legally controversial issues of the modern era. 1 Nevertheless, some countries have
legalised euthanasia and assisted suicide under certain circumstances, the Netherlands being the first
country to do so with its Termination of Life on Request and Assisted Suicide (Review Procedures) Act
(hereafter: Dutch Euthanasia Act or Act) in 2002. 2 While the Dutch approach is praised for its respect
for individual autonomy, it has also raised concerns in special cases where patients are no longer
capable of expressing their will but had made a written statement containing a request for termination
of life before reaching that state (written advance directive). According to Article 2, paragraph 2 of the
Act, physicians are allowed to comply with the patient’s request in the given situation. One of these
concerns involves potential conflicts with the right to life, 3 particularly the right to life as stated in
Article 6 of the International Covenant on Civil and Political Rights (ICCPR). 4 The main question of
this research is therefore as follows:
How does the regulation of the written euthanasia advance directive in Article 2, paragraph 2 of the
Dutch Euthanasia Act, conflict with the right to life under Article 6 of the ICCPR?
This research question aims to examine potential conflicts between Dutch euthanasia laws and
international human rights obligations to protect the right to life of Dutch citizens. By analysing how
the Dutch Euthanasia Act interprets and applies a patient's written advance directive, this study sheds
light on the limits of state discretion to preserve compliance with international law. Furthermore,
Dutch euthanasia laws could serve as an example for other States that wish to legalise euthanasia and
assisted suicide or are aiming to improve their laws to comply with international law.
For this paper, doctrinal research will be conducted by analysing legal instruments, case law, academic
literature, and other reports to gain insight into interpreting the right to life. In addition to these,
parliamentary documents will also serve to gain a deeper understanding of the conduct of euthanasia
under Dutch law. Comparing both aspects will eventually help answer the main question.
To find an answer to the question of the conflicts between Article 2, paragraph 2 of the Dutch
Euthanasia Act and the right to life, several sub-research questions need to be addressed:
- How is the right to life in Article 6 of the ICCPR interpreted?
- What does the regulation of the written advance directive in Article 2, paragraph 2 of the
Dutch Euthanasia Act entail?
1
Stuart Casey-Maslen, The Right to Life under International Law: An Interpretive Manual (CUP 2021) 269 & 271.
2
Esther Pans, ‘15 jaar euthanasiewet’ (2017) 4 Ars Aequi 273.
3
Liselotte Postma, ‘De regeling van de schriftelijke wilsverklaring euthanasie in artikel 2 lid 2 Wtl’ (2021) 57 Nederlands
Tijdschrift voor Strafrecht 205, 211.
4
John Griffiths, Alex Bood & Heleen Weyers, Euthanasia and Law in the Netherlands (Amsterdam University Press 1998)
70.
Potential Conflicts Between the Written Euthanasia Advance Directive in the Netherlands and the
Right to Life
Interaction between Legal Systems: Global Law: Legal Reasoning in International, EU and National
Law
Jéssica Aplugi Pinto
s3081303
1 November 2024
words (incl. footnotes): 2989
, 1. Introduction
Euthanasia, the deliberate act of ending a person’s life to relieve suffering, remains one of the most
ethically and legally controversial issues of the modern era. 1 Nevertheless, some countries have
legalised euthanasia and assisted suicide under certain circumstances, the Netherlands being the first
country to do so with its Termination of Life on Request and Assisted Suicide (Review Procedures) Act
(hereafter: Dutch Euthanasia Act or Act) in 2002. 2 While the Dutch approach is praised for its respect
for individual autonomy, it has also raised concerns in special cases where patients are no longer
capable of expressing their will but had made a written statement containing a request for termination
of life before reaching that state (written advance directive). According to Article 2, paragraph 2 of the
Act, physicians are allowed to comply with the patient’s request in the given situation. One of these
concerns involves potential conflicts with the right to life, 3 particularly the right to life as stated in
Article 6 of the International Covenant on Civil and Political Rights (ICCPR). 4 The main question of
this research is therefore as follows:
How does the regulation of the written euthanasia advance directive in Article 2, paragraph 2 of the
Dutch Euthanasia Act, conflict with the right to life under Article 6 of the ICCPR?
This research question aims to examine potential conflicts between Dutch euthanasia laws and
international human rights obligations to protect the right to life of Dutch citizens. By analysing how
the Dutch Euthanasia Act interprets and applies a patient's written advance directive, this study sheds
light on the limits of state discretion to preserve compliance with international law. Furthermore,
Dutch euthanasia laws could serve as an example for other States that wish to legalise euthanasia and
assisted suicide or are aiming to improve their laws to comply with international law.
For this paper, doctrinal research will be conducted by analysing legal instruments, case law, academic
literature, and other reports to gain insight into interpreting the right to life. In addition to these,
parliamentary documents will also serve to gain a deeper understanding of the conduct of euthanasia
under Dutch law. Comparing both aspects will eventually help answer the main question.
To find an answer to the question of the conflicts between Article 2, paragraph 2 of the Dutch
Euthanasia Act and the right to life, several sub-research questions need to be addressed:
- How is the right to life in Article 6 of the ICCPR interpreted?
- What does the regulation of the written advance directive in Article 2, paragraph 2 of the
Dutch Euthanasia Act entail?
1
Stuart Casey-Maslen, The Right to Life under International Law: An Interpretive Manual (CUP 2021) 269 & 271.
2
Esther Pans, ‘15 jaar euthanasiewet’ (2017) 4 Ars Aequi 273.
3
Liselotte Postma, ‘De regeling van de schriftelijke wilsverklaring euthanasie in artikel 2 lid 2 Wtl’ (2021) 57 Nederlands
Tijdschrift voor Strafrecht 205, 211.
4
John Griffiths, Alex Bood & Heleen Weyers, Euthanasia and Law in the Netherlands (Amsterdam University Press 1998)
70.
