Diritto Pubblico Comparato ed Europeo

Sommario

1. Introduction. – 2. Euthanasia Act in practice. – 3. Changing the law? – 4. Active euthanasia on neonates: a new national policy. – 5. New policy reviewed. – 6. Living donor list exchange. – 7. Embryo Act.

Abstract

The Dutch Euthanasia Act came into force five years ago. Recently, it has been evaluated and some proposals to change the law were consequently made. These recommendations are examined. In 2005 the Dutch government adopted the Groninger Protocol as the national standard for the assessment of life-terminating acts performed by physicians on severely suffering neonates. The new legal framework offers a procedure as well as so called due care requirements. Both procedure and requirements raise serious questions. At the moment, the Dutch organ donation and transplantation system fails to meet the growing need for donor organs. Ideas are put forward to shorten the waiting lists. One of the proposals being considered is called Living Donor List Exchange (or LDLE). The legal (and moral) merits of LDLE are discussed. And finally, in 2002 the Embryo Act came into force. This law too was evaluated recently, and based upon the findings it was recommended to allow sex selection and the creation of embryos for research purposes. European human rights law appears to be at odds with these recommendations.