De Belgische Euthanasiewet doorstaat de mensenrechtelijke toets, behalve voor de a posteriori-controle (Mortier tegen België (nr. 78017/17))

Abstract

The Belgian euthanasia law passes the human rights test, except for the a posteriori control Mortier versus Belgium (no. 78017/17) On several occasions, the European Court of Human Rights (ECtHR) has ruled on the human rights compliance of national regulations regarding medical assistance in dying. However, ‘Mortier versus Belgium’ is the first decision of the court on a case of euthanasia and, more specifically, euthanasia for unbearable mental suffering of a person with a psychiatric disorder. The court finds that the substantive and procedural requirements that must be observed by the concerned physicians under the Belgian euthanasia law, do not violate the European Convention on Human Rights (ECHR). By contrast, the way in which the a posteriori control by the Federal Control and Evaluation Commission is regulated, does violate the ECtHR as it cannot guarantee that all members are independent. Since a ruling of the court is binding, the legislature will need to amend the euthanasia law so that the independence of the members of this commission is always assured.