Federal administrative court: no General access to deadly Drug

Citizens have no General right to access to medicine for a painless suicide. Exceptions to people with particularly severe disease is limited, held on Tuesday, 28. May 2019, the Federal administrative court in Leipzig, Germany (Az.: 3 C 6.17). Quasi is a General “fundamental right to Selbstmord“ not after that.

Thus, the Federal administrative court dismissed a couple from the Rhineland, you 74, he is 81 years old. In 2014 it had requested from the Federal Agency for medicines and medical devices (BfArM) for permission to purchase each 15 grams of sodium Pentobarbital for the purpose of implementation of a joint suicide. They looked for a long time with the idea of self-determined dying. In the circle, you would have experienced an excruciating death with cancer, as well as a year-long “dementia Verfall“. You wanted to be sure that such fates are spared. Also, it was always her desire to have the evening of Life is not without the other spend. The state should respect this and allow.

The BfArM refused. The law does not allow the dispensing of narcotics for a suicide. Also from the fundamental rights, such a claim cannot be derived.

In a nationally publicized decision, the Federal administrative court had not decided, however, in 2017, that seriously ill people access to drugs for pain werden&#8220 denied lots of self-killing “in extreme and exceptional cases; may (judgment and JurAgentur message from the 2. March 2017, Az.: 3 C 19.15). The General personality right to ask for exceptions.

An expansion and thus a kind of quasi-General “fundamental right to Selbstmord“ rejected by the Federal administrative court now. The objective of the narcotics act, it was, “the human health and life schützen“. Thus, the release of narcotics for the purpose of self-killing was not compatible.

“This law’s purpose justifies it by the Constitution, the access to a narcotic to verbieten“, the Leipzig judges stressed. Serious incurable diseases, which could justify an exception, is not subject to the applicant couple. mwo/fle