Citation

Ulsenheimer K. Gynakologe 2011; 44(5): 379-384.

Copyright

(Copyright © 2011, Holtzbrinck Springer Nature Publishing Group)

DOI

10.1007/s00129-010-2699-x

PMID

unavailable

Abstract

The third law on amendments to the Guardianship Act (the so-called advance directive act) which came into effect on 01.09.2010 has anchored the legal concept of guardianship with the formal and material prerequisites in the German Civil Code (§§ 1901 a and b) and has also defined the fundamental procedural guidelines on how the correlation of the actual treatment and living conditions with the definition of advance directives should be tested. A complete regulation of euthanasia has not been successful contrary to the original intentions of the legislator. However, in the verdict from 25.06.2010 the Federal High Court clarified that the previously routinely used distinction between active and passive euthanasia was "dogmatically questionable" and "in practice barely feasible" and should more suitably be replaced by the terms "euthanasia" and "termination of treatment". Accordingly, the omission, limitation or termination of treatment of seriously ill patients is justified when they have explicitly or assumedly given consent. In contrast, a deliberate intervention to end life, independent of the disease process, is considered as direct active euthanasia and therefore liable to prosecution but the undertaking of an indicated palliative measure "under the acceptance of a possible early death as a side-effect" remains free of punishment (indirect active euthanasia). © 2011 Springer-Verlag.

Language: de

Keywords

human; suicide; law; Euthanasia; Palliative care; review; custody; practice guideline; palliative therapy; Consent; critically ill patient; Cessation of treatment; euthenasia; Patient's preference