Decision of the Federal Constitutional Court of February 26, 2020

With their decision of February 26, 2020, the Federal Constitutional Court has declared Act 217 of the criminal code, which came into force in 2015, as unlawful and invalid. Thereby, the right to assisted suicide in Germany has been significantly reinforced. As a justification, the Act refers to the high value of the right of self-determination and free development of the individual which, even for the purpose of ensuring other rights, should not be disproportionally limited. According to the constitutional judge, these general personal rights, which are laid down in Article 2 of the Basic Law, include, “the right to self-determined death as an expression of personal autonomy”. The constitutional judges emphasise that state and society should accept the individual's decision “ to put an end to their own existence based on their understanding of liveablity and meaningfulness”. The freedom to take one’s life includes the freedom to make use of help from a third party. However, no one can be obliged to assist someone's suicide. The previous prohibition of the businesslike support of assisted suicide in Act 217 of the criminal code limits the possibilities of suicide to such a degree that the fundamental freedom to make use of euthanasia was not sufficiently ensured.

BVerfG (2020): Urteil des Zweiten Senats vom 26. Februar 2020. Az: 2 BvR 2347/15, Rn. 1-343.

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