Despite a Constitutional Court ruling to the contrary, the Spanish government has affirmed that its recent euthanasia law allows assisted suicide for the mentally ill. The government is preparing changes to the official manual of best euthanasia practices to clarify the application of the law, thereby facilitating the euthanasia of those suffering from various psychiatric conditions.
“There was no doubt that mental illness could motivate a patient’s request for euthanasia, in accordance with what was included in the Organic Law of Regulation of Euthanasia,” stated Nuria Terribas, vice-president of the Commission for the Guarantee and Evaluation of Euthanasia in Catalonia, adding “at least, there was not among the members that made up the Euthanasia Guarantee and Evaluation Commissions of the autonomous communities.” The remarks were made at a conference on law and health last week, as reported by the trade magazine Diario Medico.
Terribas explained that the application of the law had become unclear following a Constitutional Court decision. VOX had questioned the euthanasia law’s constitutionality before the country’s Constitutional Court, as allowed under Spanish law. The court returned a ruling that deemed the law constitutional but found that it excluded euthanasia in cases of mental illness, limiting the practice to grave physical situations.
The government of Prime Minister Pedro Sánchez disagrees with the interpretation, however. As a result, its bureaucrats are revising the best practices guide for euthanasia to make it clear under what circumstances a person suffering from a mental and not a physical condition can be euthanized.
The first draft of the revised guidance was seen by Diario Medico.
According to the publication, the draft manual states
The Organic Law on the Regulation of Euthanasia (LORE) does not exclude mental illness, allowing people with an unbearable condition due to the presence of mental illness to request PAM (provision of help to die) on equal terms as those whose suffering comes from a somatic disease.
“A thorough psychopathological evaluation is required to identify those who could benefit from assistance in dying,” the revised manual reads and specifically excludes “those who present mild or moderate symptoms of depression or anxiety since these conditions are subject to treatment and improvement.”
It recommends that a doctor who has seen the patient for a prolonged period of time—whether a family doctor or a psychologist—evaluate the patient and his request for euthanasia, “preferably” in consultation with a psychiatrist. The development of the ‘PAM’ category in Spanish law brings it closer to the controversial practice of ‘Medical Assistance in Dying’ (MAiD) in Canada, which critics accuse of ‘mission creep’ in the range of patients it now treats.
The Spanish government’s insistence on overriding a ruling of its own Constitutional Court is yet another flagrant violation of democratic norms and common moral sense.
