In a controversial court case, a French judge has rejected the request of 52-year-old Chantal Sébire for euthanasia. A tumour has caused Ms Sébire's face to become disfigured, and her suffering is unbearable.
Ms Sébire is now considering turning for help to doctors outside her native France. But countries such as the Netherlands, where euthanasia is permitted under certain specific conditions, aren't particularly eager to welcome 'euthanasia tourists'.
| Update, 20 March 2008: Ms. Sébire, whose request for euthanasia was rejected earlier this week has been found dead in her house near the city of Dijon. The cause of death is not yet known. The case sparked intense debate in France. |
According to Postbus 51, the information office of the Dutch Government:
"A patient who is undergoing treatment abroad cannot come to the Netherlands to receive euthanasia. In the case of euthanasia, there must be a relationship of trust between doctor and patient."
The Dutch law permitting euthanasia in extreme cases came into effect six years ago. The clause concerning the "relationship of trust" between doctor and patient is designed to prevent the Netherlands from becoming a haven for people from countries where euthanasia is not permitted.
"Not uncooperative"
But in Belgium, that has a similar provision, there are indeed known cases in which foreigners have entered the country for euthanasia. The chairperson of the Belgian Federal Commission on Euthanasia, Wim Distelmans, thinks Chantal Sébire might also qualify to undergo euthanasia in his country:
"I hear in my own circles that there are doctors who would not be uncooperative in such a case. They say; why doesn't this woman just come to Belgium?"
Speaking in a private capacity, Distelmans says that in the past five years he has heard of a number of similar cases.
"I know, for example, of a German with terminal cancer who came to Belgium and was looked after here."
According to Distelmams, it all depends on how you define a "relationship of trust". Neither Dutch nor Belgian law provides a definition for that term.
Strict rules
Nevertheless Rob Jonquière, Director of the Dutch organisation Right to Die, believes that the Netherlands could well do without a case such as that of Chantal Sébire, however harrowing it may be:
"My instincts tell me that she won't find any doctor willing to help her. That's probably the real difference between Belgium and the Netherlands. In the Netherlands, we want to regulate things in a proper, transparent manner, and of course we know it's important to stick tightly to the rules."
Moreover, in the Netherlands the Ministry of Justice keeps extra close watch on cases where foreigners die under circumstances that could point to euthanasia.
Switzerland
But, says Mr Jonquière, the biggest obstacle for Chantal Sébire is that most Dutch doctors will simply do not want to carry out euthanasia under any circumstances. At most, they may be willing to do so for patients whom they have known for many years, and even then they would be extremely reluctant.
In fact, Dutch doctors are so reluctant that, over the past few years, more and more Dutch people seeking euthanasia have turned to Switzerland. That, at least, is according to the Swiss organisation Dignitas which helps foreigners who want to bring their life to an end.
In Switzerland - in contrast to the Netherlands and Belgium - they don't speak of euthanasia, but of ‘assisted suicide.' Such help is legal in Switzerland, not only for doctors but also for lay people. Since 1998, more than 700 foreigners have made use of this possibility.
Taste
Rob Jonquière of Right to Die also thinks that Switzerland would be the best solution for Chantal Sébire. But he also sees a negative side to this Swiss option, for if you're in a country where euthanasia, or assisted suicide, is permitted, and you help people from countries where that isn't the case, you remove some of the pressure on those countries.
"That sounds strange for people such as Ms Sébire, who are seriously suffering, But if you solve the problem for France, there's less pressure on France to see to it that a decent legislation is introduced there."
The Netherlands has such legislation, and the unbearable suffering endured by Chantal Sébire does, according to Mr Jonquière, indeed fall within the criteria laid down by the Dutch law. If only she were Dutch...
* RNW translation (as/tpf)
Tags: Assisted suicide, Belgium, Chantal Sébire, Doctor-patient relationships, Dutch law, euthanasia, France, Switzerland, Unbearable suffering
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