Estonia needs debate on legalization of euthanasia - parlt panel head

Photo: Katri Karing / Corbis / Scanpix

The chairman of the Estonian parliament's Constitutional Committee, Rait Maruste, feels that Estonia needs a comprehensive debate on legalizing euthanasia; in his personal opinion, a human being's right to life goes hand in hand with the right to die.

The end and ending of life has been under discussion in European developed societies for quite a while, Maruste observed in an article on the opinion page of Postimees on Tuesday.

Everyone's right to life, human dignity, protection against torture and inhuman or degrading treatment, and respect for and protection of the individual right to free self-determination are at the core of the value and legal framework within which to evaluate matters related to a human being's life and death, Maruste says.

"When all is said and done, the question is this: who is the master of a human being's life? Is it a person himself or something outside him – his near and dear, doctors, the state, or God?"

When one is young and energetic it is assumed that one decides for oneself what to do with one's life. Things become complicated when for some reason one loses partly or entirely control over one's life, be it due to dementia, a grave accident or illness.

In Maruste's words, euthanasia definitely must not become and cannot be some kind of social eugenics measure to solve society's care problems.

"By a values-based approach, an individual's own decision to end his or her life is considered a primary factor. To make an end of sufferings and leave in a dignified way, without pain and suffering, surrounded by one's near and dear. Such passing would require professional medical aid. If this is not accepted and one is kept alive forcibly, such a life can be degrading, filled with suffering and infringing on human dignity. Do we have the right to force a human being to lead such a life against his or her will?" Maruste asks.

A caring society should also care about dignified passing and not force a human being to suffer or lead a life that is not worth living, says Maruste, a former judge at the European Court of Human Rights.

As there is no consensus as yet in Europe on this issue, the Strasbourg court has refrained from giving an unequivocal answer to the question whether the right to life includes also the right to die, Maruste says adding that in his view it does. No matter what the eventual ruling or practice is like, euthanasia must have a clear legal basis and well-considered procedure. "This is a delicate problem. One that affects not only people's feelings and values. It may also involve unethical conduct and in the worst case even abuse, which ought to be eliminated. The society has a lot to discuss with all stakeholders," Maruste says.