Law on euthanasia in Luxembourg

Assisted suicide and the right to die

Euthanasia is the intentional act of ending a person's life to alleviate their suffering, typically in cases where the patient is facing a terminal illness or an incurable condition that causes extreme pain and a significantly diminished quality of life. This practice is generally carried out at the request of the patient, although in certain jurisdictions, it may also be authorized by family members or legal representatives if the patient is unable to express their wishes.

Euthanasia can be classified into several types, depending on the level of involvement of medical professionals:

1. Active euthanasia

   In this form, the physician plays a direct role in ending the patient's life, typically by administering a lethal substance, such as an intravenous injection.

2. Assisted suicide

   This involves a physician providing the patient with the means to end their own life, such as prescribing a lethal medication that the patient self-administers.

3. Passive euthanasia

   This occurs when life-sustaining treatments are withdrawn or withheld, allowing the patient to die naturally from their underlying condition.

In Luxembourg, both active euthanasia and assisted suicide have been legal since March 16, 2009, following the enactment of the Law on Euthanasia and Assisted Suicide. Luxembourg became the third European Union country, after the Netherlands and Belgium, to legalize these practices, though under strict conditions.

The path to legalizing euthanasia in Luxembourg was not without controversy. It sparked significant public and political debate, and ultimately led to a constitutional amendment.

Luxembourg is one of several European countries that have legalized euthanasia, either in its active or passive forms. Below is a table with these countries including the date on which it was approved, but some countries do not have an exact date because there are no specific laws authorizing it. 

However, since it is not prohibited, it is allowed under certain conditions and circumstances. We will talk a little more about the situation in some of these countries in the final part of the article.

Euthanasia in Luxembourg

The debate surrounding euthanasia continues to evoke strong opinions and ethical considerations across the world. In Luxembourg, the legalization of both active euthanasia and assisted suicide since 2009 reflects the country’s commitment to providing individuals with the right to choose how to end their suffering under strict legal safeguards. 

While Luxembourg stands alongside a handful of other European nations that have taken similar steps, the legal landscape of euthanasia varies widely across the continent, with some countries embracing active euthanasia, others permitting passive euthanasia, and many maintaining complete prohibitions.

The following graph illustrates the evolution of euthanasia procedures since the law’s approval. Source: sante.lu

Since the law was enacted a total of 170 euthanasia procedures have been carried out in Luxembourg up to 2022. The data reveals a significant rise in euthanasia cases starting in 2020, with this upward trend continuing in subsequent years.

When can a patient request euthanasia or assisted suicide

The law stipulates the following core conditions, related to the patient's situation, that must be met for a request to be considered:

• The patient must be an adult, capable, and conscious at the time of the request.
• The request must be made voluntarily, thoughtfully, and, if necessary, repeated. It must not be the result of external pressure.
• The patient must be suffering from a serious and incurable medical condition with no possibility of recovery and must be experiencing constant, unbearable physical or psychological suffering without any prospect of improvement.

The patient’s request must be documented in writing. The document should be prepared, dated, and signed by the patient themselves. If the patient is permanently unable to write and sign due to physical limitations (e.g., paralysis), the request can be transcribed and signed by an adult of the patient’s choice, in the presence of the physician, whose name must also appear on the document. The reasons for the patient’s inability to write must be clearly stated.

Documents

PDF

Profound information can be found in the Health Ministry special brochure.

FR

Profound information can be found in the Health Ministry special brochure.

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Which other countries have euthanasia laws

At the beginning we saw a list of European countries that have authorized euthanasia in some of its forms, now let's go into a little more detail about the situation in some of them.

Countries that have legalized active euthanasia:

The Netherlands

The Netherlands was the first country in the world to legalize euthanasia. The law, passed in 2001, sets out six conditions that must be met for the act to be considered legal, such as voluntary and well-considered patient requests, unbearable suffering, and no reasonable alternatives.

Belgium

Euthanasia was legalized in Belgium on September 22, 2002. Under Belgian law, the physician must ensure that the patient is competent at the time of the request and suffering from a severe, incurable condition.

Spain

Spain legalized euthanasia on June 25, 2021, with strict conditions. Patients must be adults, either Spanish citizens or residents for over 12 months, and suffering from a serious, incurable illness that causes unbearable suffering.

Portugal

Active euthanasia was decriminalized in Portugal on May 16, 2023. The law notably allows euthanasia when medically assisted suicide is impossible due to the patient’s physical incapacity.

Countries that permit passive euthanasia:

France

In France, active euthanasia is classified as homicide and is therefore prohibited. However, the Leonetti Law of 2005 allows patients to refuse treatments that they consider representing "unreasonable obstinacy," even if doing so leads to death, a form of passive euthanasia.

Denmark

Passive euthanasia has been legally recognized in Denmark since 1992. The law permits patients to refuse life-prolonging medical treatments, although active euthanasia remains illegal.

Italy

In 2017, Italy recognized passive euthanasia through the "Living Will Law" (Disposizioni Anticipate di Trattamento, DAT), which allows patients to refuse medical treatment that artificially prolongs life. Additionally, in September 2019, Italy’s Constitutional Court ruled that assisted suicide can be legal under specific conditions, such as unbearable suffering from a terminal illness.

Germany

In February 2020, Germany’s Federal Constitutional Court overturned the 2015 ban on assisted suicide, stating that individuals have the right to die autonomously, even with assistance. However, active euthanasia remains prohibited.

Austria

Assisted suicide has been decriminalized in Austria since January 1, 2022, but is limited to terminally ill patients, excluding minors from the provisions.

Switzerland

While active euthanasia is illegal, passive euthanasia is permitted in Switzerland due to the lack of explicit legal regulation. Assisted suicide, on the other hand, is fully legal if the patient has the mental capacity to make the decision, administers the lethal dose themselves, and if the physician is not acting out of selfish motives. In practice, assisted suicide is often carried out by non-profit organizations in the country.

Other Countries

Passive euthanasia is also allowed in Finland, Sweden, Estonia, Croatia, Greece, Hungary, Slovakia, and Slovenia. In some of these countries, the legal framework is less defined, but passive euthanasia is generally permitted under conditions that allow patients to refuse life-sustaining treatment. In some cases, approval from a medical committee is required.

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This complex and sensitive issue touches on profound questions of human dignity, autonomy, and the role of medical professionals in end-of-life care. As more countries engage in discussions on euthanasia, the laws and regulations surrounding the practice will likely continue to evolve, shaped by changing societal values and the ongoing search for a balance between compassion for the suffering and the protection of life.

Luxembourg’s approach, which emphasizes patient rights while safeguarding medical ethics, offers a model for countries grappling with this difficult issue. However, it also serves as a reminder of the importance of careful, thoughtful regulation when dealing with matters that so deeply impact individuals and their families at the end of life.