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<p>A&#xa0;person’s rights to freedom and self-determination are a&#xa0;valuable asset. At the same time, the state has an obligation to protect life. Tension can arise between these equally important, immutable guarantees in Articles&#xa0;1 and&#xa0;2 of the German Basic Law if a&#xa0;person is suffering from severe pain due to an illness and there is no prospect of a&#xa0;cure. If a&#xa0;patient in this situation expresses the wish to die, this represents a&#xa0;major challenge for those providing treatment. Personal conflicts of conscience and uncertainty about the legal situation mean that the patient does not receive the treatment desired for the last phase of life. This article discusses the difficult topic of “assisted dying”, primarily from a&#xa0;legal perspective. Which (medical) actions are punishable, which are not? What is the legislator doing to ensure legal certainty for everyone involved? How can patients make their own arrangements to ensure that their right to autonomy is respected at the end of life?</p>

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Wahrung der Patientenautonomie am Lebensende

  • 期刊论文

  • 发表日期：

    2025年7月14日

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  • Sandra Weeger-Elsner,
  • Frank Elsner

摘要

A person’s rights to freedom and self-determination are a valuable asset. At the same time, the state has an obligation to protect life. Tension can arise between these equally important, immutable guarantees in Articles 1 and 2 of the German Basic Law if a person is suffering from severe pain due to an illness and there is no prospect of a cure. If a patient in this situation expresses the wish to die, this represents a major challenge for those providing treatment. Personal conflicts of conscience and uncertainty about the legal situation mean that the patient does not receive the treatment desired for the last phase of life. This article discusses the difficult topic of “assisted dying”, primarily from a legal perspective. Which (medical) actions are punishable, which are not? What is the legislator doing to ensure legal certainty for everyone involved? How can patients make their own arrangements to ensure that their right to autonomy is respected at the end of life?