Right or duty to live? : euthanasia and assisted suicide from the perspective of the European convention on human rights

Abstract

The aim of this analysis is to direct the attention of legal scholars and legislators towards the legalisation of assisted suicide and euthanasia. This topic will sooner or later make inroads into the legal systems of all Council of Europe Member States, to the extent that is has not already. Two principles are at stake here: the protection of human life, on the one hand, and self-determination, on the other. The unconditional adherence to the principle of protection of life would entail that life should always be protected, even against the will of the person concerned. The unconditional adherence to the principle of self-determination would entail that each individual should have the right to die upon request, provided that their decision is based on their free will and informed. This article clarifies that, in their absoluteness, both alternatives should be rejected, and seeks to provide a reading of the limits of Member States' margin of discretion in end-of-life issues.