Spanish Supreme Court will allow families to challenge euthanasia

The Supreme Court of Spain has ruled that family members of a person wanting to undergo euthanasia can challenge that request.

Key Takeaways:

• Earlier this year, Noelia Castillo Ramos was euthanized after suffering from paralysis after a failed suicide attempt; Ramos had previously been sexually assaulted.

• She was initially approved to undergo euthanasia, but her father unsuccessfully fought to save his daughter's life.

• The Spanish Supreme Court has now ruled that close family members can appeal the approval of euthanasia.

The Backstory:

Geronimo Castillo, Ramos' father, launched a two-year court battle after she announced her wish to be euthanized. Represented by Abogados Cristianos (Christian Lawyers), Castillo argued that Ramos had a history of suicidal ideation and mental illness.

After a brutal sexual assault, which took place while she was already institutionalized for mental health issues, Ramos tried to take her own life. She survived, but she was left a paraplegic, and eventually decided to apply for euthanasia. Though Ramos was not ill or dying and had a history of suicide attempts, her application was still approved.

Despite her father fighting fiercely to stop the euthanasia and save her life, Ramos was killed in March at the age of 25. Disturbingly, on the day she died, Ramos' own attorney said she could not change her mind because her organs had already been committed for donation.

The Details:

The Spanish Supreme Court has now ruled that family members of those seeking to undergo euthanasia can legally challenge their decision to die. The ruling passed easily, with 23 judges voting in favor, and only nine against.

The Catalunyan government had previously filed an appeal for a local court decision, which recognized a father’s standing to challenge his adult son's euthanasia; the Supreme Court rejected the government's appeal.

In the ruling, the Supreme Court said those who can challenge euthanasia must be a member of the person's "close" family, and have "a sufficient capacity for knowledge and empathy with them to be able, if necessary, to detect possible flaws in the understanding and comprehension of the situation in which the applicant finds themselves."

If a person can demonstrate they have a close relationship with the person seeking to die, and can provide "reasonable indication of proof" that the person's death would breach euthanasia protocols, they can file a legal challenge to block it.

However, the court also recommended creating a dedicated court for this issue, so suicidal people seeking euthanasia aren't made to wait years to die, as Ramos was.

The Bottom Line:

Spain legalized euthanasia five years ago and since then, 1,668 people have been killed, according to official data published by the Spanish Ministry of Health. According to a report issued by the Professionals of Ethics Association last week, legalized euthanasia has led to the “abandonment of clinical effort” in situations where it appears to be an “easier and less costly” option. 

Year over year, the number of individuals dying by euthanasia in Spain has increased as it is promoted “as an altruistic choice, based on arguments regarding organ donation and bequests to pro-euthanasia associations.”