PS, BE, PAN, PEV and IL have included definitions of concepts in the new version of the law, in order to answer the doubts raised in March by the Constitutional Court.
According to Público, the parties reached an agreement and decided to follow the Spanish model, including in the final text of the legislation a list of concepts and their definitions, in order to clarify the points that the Constitutional Court had pointed out when the “lead”.
At issue are the terms “euthanasia”, “medically assisted suicide”, “definite injury of extreme gravity”, “suffering” and “serious or incurable disease”.
However, the definition of non-punishable medically assisted death remains in the text. the term “anticipation” disappears, that is, that which “occurs by decision of the person, an adult, whose will is current and repeated, serious, free and clear, in a situation of intolerable suffering, with definitive injury of extreme gravity or incurable and fatal disease, when practiced or helped by health professionals”.
The parties also add some definitions, such as the expression that raised constitutional doubts to Marcelo Rebelo de Sousa, explaining that the definitive injury of extreme severity is a “serious, definitive and largely disabling injury that places the person in a situation of dependence on a third party or technological support for the performance of elementary activities of daily living, with a very high certainty or probability of that such limitations will persist over time without the possibility of cure or significant improvement”.
Euthanasia is described as the “administration of lethal drugs, by the physician or health professional duly qualified for this purpose”, and medically assisted suicide is the “self-administration of lethal drugs by the patient, under medical supervision”.
The proposal still maintains the limitation to national citizens or legally residing in the national territory and the possibility of the application being “freely revoked at any time”.
Thus, it is expected that this will be enough to overcome new doubts of the President of the Republic and of the Constitutional judges. The theme should return to the plenary in October.
To remember that the Constitutional Court failed on March 15, by a majority of seven judges against five, the law on medically assisted death, in response to a request for preventive inspection made by the President of the Republic.