In what is manifestly a case of legal and verbal gymnastics, the Federal Constitutional Court of Germany has “found” a right to suicide. The Court announced its finding in a press release, dated 26 February: “Criminalisation of assisted suicide services unconstitutional.” Calling self-killing, or suicide, “an act of autonomous self-determination,” the Court grounded suicide – and assisting suicide – in human dignity. Here is what they proclaimed: “Inalienable human dignity accordingly requires that any human being be unconditionally recognised as an individual with personal autonomy.”
Further, the Court wrote
Maintaining one’s personality in self-determination requires that the individual can control their life on their own terms and is not forced into ways of living that are fundamentally irreconcilable with their ideas of self and personal identity. In terms of human personality, the decision to end one’s own life is of the most fundamental significance to one’s existence. For the individual, the purpose of life, and whether and for what reasons they might consider ending their own life, is subject to highly personal beliefs and convictions. The decision to commit suicide concerns basic questions of human existence and bears on the identity and individuality of that person like no other decision. Therefore, the right to a self-determined death is not limited to the right to refuse, of one’s own free will, life-sustaining treatments. It also extends to cases where the individual decides to actively take their own life.
This right to suicide does not depend upon “serious or incurable illness” or stage of life. Indeed, “this right is guaranteed in all stages of a person’s existence.” The right to suicide cannot be denied based on the argument that suicide forfeits one’s dignity. Actually, the Court decided, “the individual knowledge of actually being able to act according to one’s own wishes is in itself a crucial element of asserting one’s identity.” Additionally, “(t)hird parties must also legally be allowed to act in accordance with their willingness to render suicide assistance.” Finally, the Court opined, “there can never be an obligation, on anyone, to assist in another person’s suicide.” (See English translation of the Court’s press release here.)
Dies ist eine Dose Würmer! (Translation: This is a can of worms!). A right to suicide gives an incredible bargaining chip to every citizen. Imagine this new power in every relationship. If a teenager does not get his/her way, s(he) can threaten, “Do this, or I will kill myself.” Any spouse or lover could likewise gain the upper hand by such a threat.
There are other concerns as well. Can a person who has survived a suicide attempt be treated by medical staff in order to repair the damage done to him/herself? Can someone judged to be a possible harm to him/herself be involuntarily committed to a psychiatric institution? Can such a patient even be treated?
Then there are the “assistors.” Who will be “qualified”? Will they need a license? Although physicians are not required to assist now, will that always be the case? How will the prescriptions be obtained? Will pharmacists eventually be compelled to participate? How much can one charge for assisting suicide? Since this case was brought before the Court by those who wish to assist suicides, one must wonder about the amounts of money involved and what the flow of it will look like.
But these could be understood to be “mere administrative details,” and in a certain sense, they are. The more worrisome – much more worrisome – issue is the fact that others are being co-opted into becoming killers.
Let’s face some inconvenient truths. Suicide has always been an available option, albeit treated differently in law over time. Suicide destroys a person and violates his/her dignity. It doesn’t forfeit one’s dignity – it forfeits one’s life. And it impacts the lives of family members, often for generations. These effects are difficult enough, but the Federal Constitutional Court of Germany has gone much further. They have legalized the assisting of suicides – for all people, for whatever reasons.
Legalizing the assisting of suicides means co-opting others in the act of suicide. Where is the autonomy in that? The act of killing, whether of birds, deer, cows, or human beings, registers effects in the human psyche (soul) of the killer. In the case of killing animals for food, most consider it an “acceptable adjustment.” Yet if we observe someone killing too easily, or with too little regard for the life of the animal being killed, we worry. Particularly do we worry if the killer is young. What is being – or has already been – done to the psyche (soul) of that person? Is the psyche (soul) malformed? Participation in the act of killing a human being is not just about the one being killed, but also about the one being transformed into a killer. One will be dead; the other will have experienced killing. What has happened to his/her human dignity? Does assisting suicide violate the participant’s human dignity, regardless of how compassionate he/she may feel? How could it not?