Junta approves pioneering ‘dignified death' law for terminally ill patients
By Oliver McIntyre
The Junta de Andalucía cabinet on Monday approved a ‘right to die' law that, once formally passed by the regional parliament, will be the first of its kind in Spain.
The law, aimed at providing terminally ill patients the right to a ‘dignified death', allows them to reject artificial means of life support, including halting already ongoing treatment such as by disconnecting a respirator.
It also allows the use of palliative sedation in terminal cases, which could be used to minimise the suffering of someone who elected to be removed from life support.
The rejection of artificial life support can also be made in advance via the creation of a living will, which doctors will be obligated to respect in the event that injury or illness has left a patient incapacitated to express his or her wishes.
Unless there are medical contraindications, terminal patients will have the right to receive palliative care in their own home, and in the company of family members. Those who must be hospitalised will be guaranteed their own, unshared hospital room.
The Junta's health chief, María Jesús Montero, who oversaw the drawing up of the legislation with input from health professionals, scientists and others, said the law in no way addresses euthanasia (actively provoking death) or assisted suicide (helping someone to actively take their own life), both of which are criminal offences under Spanish law.
She said Andalucía's ‘right to die' law was inspired by cases such as that of Inmaculada Echevarría, the Granada woman who fought a legal battle before finally winning permission to be disconnected from her respirator in 2007, or the malpractice accusations against doctors at Madrid's Severo Ochoa hospital over the sedation they administered to terminally ill patients.
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