EJIL:Talk! published an insightful analysis of the European Court’s recent euthanasia case.
In their article on the EJIL Talk blog, Anna M. Puigderrajols Triadó and Inshira Faliq explore the European Court of Human Rights’ (ECtHR) decision in Mortier v. Belgium. This groundbreaking ruling, issued on October 4, 2022, marked the first time the ECtHR assessed the compatibility of performed euthanasia with the European Convention of Human Rights (ECHR), especially in cases involving psychological disorders.
The case revolved around the euthanasia of a woman with chronic depression, raising vital questions about the right to life and respect for private and family life as enshrined in the ECHR. The Court’s findings highlighted procedural issues in Belgium’s euthanasia laws but did not declare a substantive violation of the right to life, a conclusion that Triadó and Faliq critically assess in their article. They discuss the complexities of Belgium’s euthanasia laws, which allow for the procedure even in non-terminal cases and for mental health conditions, and the importance of enhanced safeguards and procedural guarantees.
This analysis by Triadó and Faliq offers a deep dive into the ECtHR’s approach, revealing the intricate balance between respecting individual autonomy and ensuring rigorous legal protections in sensitive end-of-life decisions. Inshira Faliq is an Attorney- at- Law and Legal Researcher pursuing her advanced LLM in European and International Human Rights Law at the University of Leiden. Anna M. Puigderrajols Triadó is a research assistant and is pursuing her Advanced Studies in European and International Human Rights Law at Leiden University.
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