Discussion about suicide capsules: Ethicists call for better regulation
Published: Thursday, Aug 8th 2024, 10:00
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The announcement of the use of a suicide capsule has reignited the debate on assisted suicide in Switzerland. Ethicists are in favor of stricter regulation and supervision. However, the authorities do not (yet) feel responsible for making any legal adjustments.
As early as 2005 and 2006, the National Ethics Commission for Human Medicine (NEK) called for the creation of detailed legal regulations for assisted suicide organizations. Among other things, this should include a duty to supervise the organizations.
However, this has not been done to date. According to NEK President Markus Zimmermann, the use of the Sarco suicide capsule could now lead to legislation being passed more quickly. Assisted suicide is currently only punishable in Switzerland for selfish motives. According to the Fribourg moral theologian and ethicist, this means that assisted suicide is poorly regulated.
Blackbox "The Last Resort"
The NEK has not yet officially commented on the suicide capsule from the company The Last Resort. When asked by the news agency Keystone-SDA, NEK President Zimmermann explained that he personally views their business practice with extreme skepticism from an ethical perspective based on the information available.
The Dialog Ethik Foundation is also calling for caution. Without ensuring transparency, ethical practice and the absence of profit motives, the well-being of patients is at risk, explains Jürg Streuli, head of the institute, on request.
"Such organizations require strict regulation and supervision to ensure ethical standards," says Streuli. Dialog Ethik is therefore in favour of an operating license for all organizations that assist in suicides and new devices such as the suicide capsule should be approved.
On the other hand, the euthanasia organization Exit Deutsche Schweiz does not think much of the introduction of an operating license for assisted suicide organizations. "The legal regulation of assisted suicide in Switzerland is complete, balanced and sufficient," emphasizes Exit spokesperson Danièle Bersier. Even without explicit legal regulations, organized assisted suicide by no means takes place in a rule-free area.
For NEK President Zimmermann, the business practices of The Last Resort are in no way comparable to those of Exit Deutsche Schweiz. The practices of Dignitas are also controversial because only people from abroad who are willing to die receive assisted suicide. In addition, Dignitas provides almost no insight into its practices. According to Zimmermann, around eight euthanasia organizations are now active in Switzerland.
Waiting for the authorities
The authorities are likely to be forced into action at the latest when the suicide capsule is used in Switzerland for the first time. The public prosecutors of several cantons have already announced that they will initiate criminal proceedings if the suicide capsule is used in their jurisdiction.
According to the Swiss Conference of Public Prosecutors (SSK), however, the suicide capsule does not create a new situation, but "offers a different type of suicide than the injection of a lethal substance". In the event of a non-natural death, the Code of Criminal Procedure provides for a preliminary investigation by the public prosecutor into the circumstances and causes of death. This is the case with Exit or Dignitas suicides and will also be the case if a suicide capsule is used.
SSK Vice President Fabien Gasser does not wish to comment on the possible introduction of an operating license for all assisted suicide organizations.
When asked, the medicines authority Swissmedic, the Federal Office of Public Health (FOPH) and the State Secretariat for Economic Affairs (SECO) do not consider themselves responsible for a possible approval of the suicide capsule.
According to ethicist Zimmermann, assisted suicide has been on the rise in Switzerland for several years. However, it accounts for less than two percent of all deaths. Other forms of euthanasia, such as the withdrawal or discontinuation of life-sustaining measures, are practiced far more frequently. Last year, 1252 people died with Exit German Switzerland.
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