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Guillermo López García, Professor of Obstetrics and Gynecology, University of Navarra, Spain

Law on dignified death, euthanasia and palliative care

Thu, 25 Nov 2010 08:57:02 +0000 Published in Navarra Newspaper

The government spokesman announces for March the law on dignified death, in order to regulate the rights of the terminally ill, and affirms "that it has nothing to do with euthanasia". The law will be similar to that of other countries and quotation the French legislation as an "excellent regulation".

This has been discussed for centuries at topic and has aroused great interest in society and, above all, among physicians, the vast majority of whom reject euthanasia as "deliberate action to eliminate a human life by means that appear to be medical" (association World Medical Association) and therapeutic overkill as a "scandalous error".

In contrast to euthanasia and therapeutic overkill, palliative care, which uses sedation and analgesics, helps to humanize death by rejecting extraordinary means and accepting human and technical limitations.

The interference of legislators and judges in the internship of Medicine is a universal phenomenon and a progressive "institutional submission" of some physicians to non-professional criteria is being observed. Frequently, a submission to the "political consensus" is observed, which disqualifies the physician as a professional and turns him/her into an auxiliary of political interests.

Since the law being prepared will be "similar to that of France", it is to be assumed that Mr. Pérez Rubalcaba and the Minister of Health, Mrs. Pajín, will be aware of the fact that two years ago there was a French law on this subject . Pajín, will know the discussion that 2 years ago there was in France on this topic, and that they will take into account the "report Leonetti" that was presented to the French Prime Minister on 2-12-08 by a commission presided by Jean Leonetti (UMP) and of which Gaetan Gorce (socialist), Michelle Baxes (communist) and Olivier Jardé (centrist) were members. This commission visited Belgium, the Netherlands, Switzerland and England, studied the status in France and found that the criteria for obtaining the right to die (euthanasia) are unclear. They confirmed that in the Netherlands the issue of clandestine euthanasia is high and that in hospitals where palliative care has been strengthened, euthanasia has decreased. They state that in Switzerland, one third of the people who request suicide are not suffering from a serious or incurable disease.

In Belgium, euthanasia is practiced on psychiatric patients and it is possible to obtain organs for transplantation. The commission also discussed terminal sedation and proposed the creation of Chairs university palliative care centers.

The Leonetti Commission advised against the legalization of euthanasia and the "financial aid to die", stating that "the only certainty for the author of the act of euthanasia is that his or her gesture will lead to death" and that "the advocates of euthanasia have never been taken into account in palliative care programs".

The broad report of the "Leonetti commission" caused a great impact in France and no political party tried to modify the French law that promotes palliative medicine and does not authorize euthanasia. It is possible that the discussion opened by the government in Spain is opportunistic and aims to occupy and entertain public opinion, distracting it from other concerns. This would be a great mistake.