Lusa
The Constitutional Court (TC) has declared unconstitutional some of the rules of the law that regulates medically assisted death on Tuesday. Still, he stressed that the majority of the diploma fulfills the fundamental law.
In a statement, the TC declared this Tuesday, Unconstitutional Six Standards of the Law of Euthanasia.
The Court clarified that this was a response to two requests for successive inspection: group of deputies of the PSD and the provider of justice.
“The other rules whose appreciation of the constitutionality was required-almost all those who make up the diploma-were not declared unconstitutional,” read in the statement.
What standards are at stake?
Concrete, judges consider violating the Constitution the article that states that the guiding doctor suits the patient the method to use for the practice of medically assisted death; the point in which allows the patient to decision about the medically assisted death method It is also mentioned; besides another where, during the clinical procedure, this can choose “in a clarified and conscious way” the way to put an end to life.
The article according to which It is not required that the patient be examined by the specialist doctorand, as a result, is also against the Constitution the more general article legalize, under certain conditions, the assisted death”.
In this article of the Law (Article 3), “Medically assisted death is not punishable to which the person’s own decision, whose will be current and reiterated, serious, free and enlightened, in a situation of great intensity suffering, with definitive injury of extreme gravity or severe and incurable disease, when practiced or helped by health professionals”.
The judges of the Ratton Palace still say it is unconstitutional part of the article in which imposes on the health professionalwhich refuses or help the act of medically assisted death, that specifies “the nature of motivating reasons”.
Euthanasia: a lasting fight
Parliament confirmed on 12 May the decree on medically assisted death, which had been vetoed by the President of the Republic, with a total of 129 votes in favor, 81 against and abstention, which “forced” to his promulgation by Marcelo Rebelo de Sousa
They voted in favor of the overwhelming majority of PS, IL, BE, and PAN and free representatives.
The vast majority of the PSD bench voted against the diploma, the arrival groups of the arrival and the PCP, as well as four PS deputies: João Azevedo, Cristina Sousa, Joaquim Barreto and Sobrinho Teixeira.
However, the diploma has not yet entered into force for lack of regulation. The Assembly of the Republic is dissolved, so it will be possible no attempt to purge these unconstitutionalities until the next legislature.
