Assisted Suicide in the Jurisprudence of the ECtHR: A Matter of Life and Death

The right to life as a fundamental human right is unquestionable. However, both law and society recognize that there might exist some cases where allowing an individual to die might be the most humane option. In the passage from De Consolatione ad Marciam (On Consolation to Marcia), Seneca approaches death not as a punishment but something that could be even regarded as a gift. The statements made within as to the value of death may be considered as reflective of the greater degree of tolerance, if not acceptance, of suicide in Antiquity.

However, the focus of the present article is slightly different both temporally and substantively. The present article shall examine the current legal situation with respect to the issue of assisted suicide, as this is reflected in the jurisprudence of the European Court of Human Rights (ECtHR) with respect to the issue of euthanasia and the reasoning behind it. Two are the major cases that have been argued in fornt of the ECtHR on this particular issue, Pretty v. United Kindom, and Haas v. Switzerland. Despite the rejection of all the claims brought before the Court both in the Pretty and Haas cases, it is extremely useful to examine the reasoning of the Court in order to better understand the reasons for the adoption of such a stance and to gage the possibility of any future reversal.