A look at European countries that allow assisted dying as Slovenia heads for referendum

PARIS - Slovenia on Nov 23 will be the latest European country to determine whether to allow assisted dying, as it holds a referendum after

Parliament voted in favour in July

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Here is a round-up of the situation in Europe, where several countries already allow the terminally ill to end their lives, by euthanasia (death induced by a caregiver at the request of a patient) or assisted dying, where the patient is assisted in ending his or her own life.

Pioneers: The Netherlands, Belgium

In the Netherlands, euthanasia has been legal but strictly regulated since April 2002.

A doctor and an independent expert must determine that the patient is suffering unbearably and without hope of improvement.

This right was extended in 2023 to children under 12.

Belgium followed the Netherlands later in 2002 by adopting euthanasia with similar caveats to the Dutch.

In 2014, Belgium became the first country in the world to allow terminally ill children of all ages to also request euthanasia.

Luxembourg decriminalised euthanasia and assisted dying in 2009.

Switzerland: go-to destination

Switzerland prohibits euthanasia but has since World War II allowed assisted dying, with its criminal code outlawing its incitement or assistance only “from selfish motives”.

Medical ethics codes are in place and the patient is assisted in dying by associations. Many Europeans go there to be helped to die.

The Parliament in neighbouring Austria also voted to legalise assisted dying for those with a serious or terminal illness in December 2021.

Spain: strict conditions

Spain adopted a law in March 2021 allowing euthanasia and medically assisted dying.

The conditions are strict: the applicant must be capable and conscious, and the request must be made in writing, reconfirmed later and approved by an evaluation committee.

In Portugal, the decriminalisation of euthanasia adopted in May 2023 has not come into force following a decision by the Constitutional Court.

Slovenia: second referendum

The Slovenian Parliament in July legalised assisted dying after voters backed it in a 2024 referendum.

The legislation gives lucid, terminally ill patients the right to aid in dying if their suffering is unbearable and all treatment options have been exhausted.

However, a civil group, supported by the conservative opposition, gathered the 40,000 signatures needed to call a referendum on whether it will be implemented.

Moving to regulation in Italy

In September 2019, Italy’s Constitutional Court outlined the conditions under which a patient could access assisted dying without the helper facing criminal charges.

However, it remains difficult to apply as the Italian Parliament has not adopted the necessary legislation. As a result, a pro-euthanasia association pushed for the adoption of regional rules, with Tuscany being the first in February to speed up and simplify the procedure.

Italian Prime Minister Giorgia Meloni’s rightist coalition government has challenged Tuscany’s regulation.

Slowly moving towards help in Britain

British lawmakers voted in June, in a second vote on the issue, to allow adults with an incurable illness to take substances that cause their death.

The text is now being examined in the Upper House and, if passed, the law, which would apply in England and Wales, is still expected to be several years away.

Simultaneously, the Scottish Parliament in May passed its first vote on a bill to legalise assisted dying, but it must pass further parliamentary hurdles before becoming law.

On the table in France

Examination of a draft law, backed by French President Emmanuel Macron for adults suffering from a serious and incurable illness, was stalled by the dissolution of Parliament in June 2024.

The text was transformed into a draft law by an MP, with an associated text on palliative care.

Adopted in late May in a first vote in the Lower House, it is due to be examined by the Senate in January 2026 and then return to the Lower House in February 2026.

Mr Macron has raised the prospect of a referendum in case of a parliamentary blockage. AFP