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Doc. 8454
22 June 1999
Protection of the human rights and dignity
of the terminally ill and dying
Opinion1
Committee on Legal Affairs and Human Rights
Rapporteur: Mr Kevin McNamara, United Kingdom, Socialist Group
The general thrust of the report was welcomed by the Committee on Legal Affairs and Human Rights in its compassionate and considered attitude to the problems affecting the terminally ill and dying and the need for actual citizens and member governments to take all steps necessary to maintain the human dignity of fellow citizens who are terminally ill and dying. Paragraphs 1 to 9.b of the draft recommendation are uncontested and welcomed.
However an amendment (Amendment C) is proposed to sub-paragraph 9.c.iii because as it stands this sub-paragraph could be seen to be in contradiction to the following sub-paragraphs:
- sub-paragraph 9.b.iii ("to ensure that no terminally ill or dying person be treated against his or her will while ensuring that the individual neither be influenced nor pressurised by another person …;")
- sub-paragraph 9.b.iv ("to ensure that a currently incapacitated terminally ill or dying person's advanced directive or living will refusing specific medical treatments be observed …;")
- sub-paragraph 9.b.v ("to ensure that … expressed wishes of a terminally ill or dying person with regard to particular forms of treatment be taken into account, …".
Thus the substantive motion amendment to sub-paragraph 9.c.iii proposed by the Committee on Legal Affairs and Human Rights seeks to remedy the apparent contradiction existing in the original proposal whilst being in the spirit of the general thrust of the report and recommendation together with Article 2 § 1 of the European Convention on Human Rights which states that "Everyone's right to life shall be protected by law. No one should be deprived of his life intentionally …".
Amendments A and B are stylistic rather than substantive.
Proposed amendments to the draft recommendation
Amendment A
In sub-paragraph 9.c.i, first line, delete "to ensure" and insert "recognising that" and in the second line, delete the word "be" and insert the word "is", so that it reads:
"recognising that the right of life –especially with regard to a terminally ill or dying person – is guaranteed by the member states, in accordance with Article 2 of the European Convention on Human Rights which states that "no shall be deprived of his life intentionally …"".
Amendment B
In sub-paragraph 9.c.ii, first line, delete "to ensure" and insert "recognising" so that it reads:
"recognising that a terminally ill or dying person's wish to die never constitutes any legal claim to die at the hands of another person;".
Amendment C
In sub-paragraph 9.c.iii, delete "to ensure" and insert "recognising" and replace the words "never constitutes any" by the words "cannot of itself constitute", so that it reads:
"recognising that a terminally ill or dying person's wish to die cannot of itself constitute a legal justification to carry out actions intended to bring about death".
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Reporting committee: Social, Health and Family Affairs Committee
Committee for opinion: Committee on Legal Affairs and Human Rights
Reference to committee: Doc 7236, Reference No 1996 of 15 March 1995
Opinion approved by the committee on 22 June 1999
Secretaries to the committee: Mr Plate, Ms Coin and Ms Kleinsorge