
Martin Buijsen
Erasmus University , The NetherlandsTitle: Euthanasia and Dementia in the Netherlands
Abstract
In the
Netherlands, euthanasia (termination of life on request and assisted suicide)
is allowed, provided certain very specific statutory requirements are met.
Although the Netherlands is not the only country that has decriminalized
euthanasia to some extent, it does have the most experience in this area. Also
because of the way it is regulated, the amount of knowledge of the Dutch
euthanasia practice is overwhelming. Because of its long tradition, the
Netherlands has also experienced (and is experiencing) unique developments.
Some of these have problematic aspects.
Since the
enactment of the Dutch Law on Euthanasia in 2002, the number of reported cases
of euthanasia performed on patients diagnosed with dementia has been steadily
increasing. Dementia is seen by the Euthanasia review committees as a condition
that can cause unbearable suffering. And since there is no prospect of
improvement for patients diagnosed with dementia, one of the so-called due care
requirements is usually considered fulfilled.
In 2021, 215 such cases were reported. In the vast
majority of cases (209), the patient was in the early stages of the disease and
still competent. 6 reports involved patients in a (more) advanced stage of dementia.
These patients were no longer able to communicate about their request and their
written advance directive appeared decisive in determining the voluntariness
and deliberateness of the request. Viewed from medical-ethical and legal
perspectives both types of cases are characterized by problematic aspects.
Using case histories these will be reflected upon.
Biography
Martin Buijsen
(1963) studied law and philosophy, and obtained his PhD at Erasmus University
Rotterdam, the Netherlands. He is a health lawyer and medical ethicist, and
currently heads the Health Law Department at Erasmus University. Martin Buijsen
has over 400 national and international publications. He has been serving on
several editorial boards and he is a much sought-after reviewer. In addition,
he is a governor of a number of nursing homes.