ECHR – Case No. 32312/23
In a decision issued on June 13, 2024, the European Court of Human Rights, by a vote of 6 to 1, upheld the Hungarian government's decision to deny assisted death to a citizen suffering from advanced amyotrophic lateral sclerosis (ALS).
Initially, the case involved a request from Hungarian citizen Daniel Karsai, who suffers from advanced ALS, a neurodegenerative disease with no known cure. He wished to have the option to decide when and how to die before the disease reached a point he considered intolerable.
Hungarian authorities denied the request, arguing that the procedure is prohibited in the country, and granting such permission could lead to social impacts, risking abuse of the right and the possibility of errors.
The ECHR found that the decisions of the Hungarian judicial authorities did not contradict the provisions of the European Convention on Human Rights regarding the right to respect for private and family life (Article 8) and the prohibition of discrimination (Article 14), despite the applicant's claims.
Regarding respect for private and family life, it was determined that the Hungarian authorities' decision was in line with "legality, the maintenance of the ethical integrity of the medical profession, and the protection of moral values in society concerning the meaning and value of human life."
The European Court considered that it is up to national authorities to determine the limits and prohibitions regarding medically assisted dying (Physician Assisted Death – PAD). This is because "the legalization of PAD has significant social implications that can only be adequately assessed by national authorities."
Furthermore, the Court recalled that several other countries in Europe prohibit or limit procedures for medically assisted dying.
The Court also noted that there is the possibility for Daniel to seek recourse from the Hungarian Constitutional Court regarding this matter.
As for Article 14, there was no discrimination, considering that any distinction between terminal patients receiving life-sustaining treatment who can request to withdraw their treatment is justified by the differences in medical situations.
Additionally, the ECHR emphasized that there are guarantees regarding the possibility of adopting measures to ensure standards of dignity for the applicant, such as options for "palliative care, guided by the revised recommendations of the European Association for Palliative Care, including the use of palliative sedation, which generally could provide relief to patients in the applicant's situation and allow them to die peacefully."
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The full text of the ruling is available here.
