Federal Administrative Court: no general access to deadly medicines
Citizens have no general right to access medication for painless suicide. Exceptions remain limited to people with particularly serious illnesses, ruled on Tuesday, May 28, 2019, the Federal Administrative Court in Leipzig (Az .: 3 C 6.17). Quasi a general "fundamental right to suicide" does not exist afterwards.
The Federal Administrative Court thus dismissed a couple from the Rhineland, she was 74 and he was 81. In 2014, it applied for permission from the Federal Office for Drugs and Medical Devices (BfArM) to purchase 15 grams of sodium pentobarbital each for the purpose of carrying out a common suicide. They have long been concerned with the idea of self-determined dying. In the circle of acquaintances they would have experienced a painful death from cancer as well as a "demential decay" lasting for years. They wanted to be sure that they would be spared such fates. It was also always her wish not to have to spend the evening of her life without the other. The state must respect and enable this.
The BfArM rejected this. The law does not allow the supply of narcotics for suicide. Such a claim cannot be derived from fundamental rights either.
In a nationwide decision, the Federal Administrative Court ruled in 2017 that seriously ill people should not be denied access to medicines for painless suicide "in extreme exceptional cases" (judgment and JurAgentur report of March 2, 2017, file number: 3 C 19.15 ). The general right of personality requires corresponding exceptions.
The Federal Administrative Court has now rejected an expansion and thus a kind of general “fundamental right to suicide”. The aim of the Narcotics Act is to "protect human health and life". The release of narcotics for the purpose of suicide is not compatible with this.
"This legal purpose also constitutionally justifies prohibiting access to a narcotic," emphasized the Leipzig judges. The complaining couple did not have serious incurable diseases that could justify an exception. mwo / fle