LISBON – Portugal also legalizes euthanasia. It is the fifth country in Europe, after Holland, Belgium, Luxembourg and Switzerland and the ninth in the world with Colombia, Canada, Uruguay and five US states. Eleven months after having discussed five proposals on the subject in the Commission for Constitutional Affairs, Rights, Freedoms and Guarantees, the Assembly of the Republic approved by a large majority (136 in favor, 78 against and 4 abstentions) what will be called “Law for death medically assisted “.
It was not an obvious vote for a deeply Catholic country, dotted with churches in every neighborhood of the cities and in the streets of small towns. But the overwhelming strength of the left and center parties, together with the enlightened principles of an open and tolerant society, prevailed over a conservative bloc that nevertheless made its voice and weight heard in this three-year debate. Having discounted the vote of the PS, with the exception of 8 deputies, those of the Pan, the Enp and 14 members of the PSD contributed. Instead, the Portuguese Communist Party and the Democratic Center are opposed. The approval was preceded by several appeals from both sides. But Covid certainly weighed on the discussion and the final outcome, which in recent days has started running again forcing Portugal to impose a new total lockdown until next February 14.
Almost desperate were the declarations of the Portuguese Federation for Life, which spoke of “a shocking choice to legislate on death while the Portuguese are fighting for life”, and of a series of social and charitable associations that considered the passing of the law “a lack of respect against thousands of doctors and nurses who are fighting to save lives “. The Church had allowed itself to be cautious and had asked that the proposal be submitted to a referendum (60,000 signatures were required) before addressing the classroom. But, in the end, only the parliamentary path was chosen and yeses prevailed.
Euthanasia is therefore legal and is decriminalized. It must be practiced with the assistance of a doctor and the guarantee of conscientious objection by all health personnel involved. Any refusal must be proven and communicated to the patient “not less than 24 hours before surgery”. It is not punished if the person is over 18 years of age and is in “a situation of extreme suffering”, “enduring and unbearable”, “without hope of cure”, “afflicted with a fatal disease,” without foreseeable hope and clinical improvement “.
He himself will manifest this desire “consciously and expressly, demonstrating a current, free, serious and enlightened will”. He must be lucid, capable of understanding and willing, “capable of fully understanding the meaning and scope of the request”. He will have to do it five times. In short, be really convincing. It is a sword defense condition taken from the PS and the Left Bloc. To give autonomy and awareness to the patient. Obviously through a doctor who in turn will be protected by technical commissions who will evaluate the path and attitude. It is the treating physician who gives his initial opinion, an opinion which is then entrusted to “a specialist in the pathology affecting the patient” who will confirm “if the conditions are met”.
If doubts arise, if both the doctor and the specialist think that the patient may be conditioned by a mental disorder that could affect his choices, “the opinion of a psychiatric specialist” becomes mandatory.
Euthanasia can take place anywhere, obviously in a suitable place and with adequate assistance. The patient has the possibility to express the desire to die at his home but this always if the doctor guarantees that he has “conditions of comfort and clinical safety”. The whole process must be interrupted if the patient loses consciousness: he is no longer lucid and cannot make a decision. It amounts to an afterthought. Also, if one of the doctors gives a negative opinion then the process stops. An appeal can be made and the case is entrusted to the Committees appointed by Parliament.
Now the law passes to the signature of the President of the Republic, Marcelo Rebelo de Sousa, just confirmed last Sunday. It has three possibilities: to enact, veto or transmit the law to the Constitutional Court.
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