Written directive of decisionally incompetent patients

Written directive of decisionally incompetent patients

a study of case law (full text only available in Dutch)

Summary

Assited suicide and termination of life on request are criminal offences under article 293 and 294 of the Dutch Criminal Code. According to the same provisions these acts are not punishable if statutary due care criteria, laid down in section 2 of the Termination of Life and Assisted Suicide Act (Wtl), have been met. The second paragraph of section 2 Wtl focusses on the specific situation in which a patient is no longer capable of expressing his will, despite the fact that a written directive has been made by him at a time when he was still decisionally competent. Section 2, par. 2 Wtl provides that in that particular case the doctor can rely on the earlier written directive of the patient. The due care criteria likewise apply here. the implicit legal necessity and discretion to make an assessment are the reasons for this research.

Publication data

Author(s):
Mevis, P.A.M., Bakker, S.R., Postma, L., Verbaan, J.H.J.
Organization(s):
Erasmus University Rotterdam -School of Law , WODC
Place of publication:
Rotterdam
Publisher:
Erasmus University Rotterdam -School of Law
Year of publication:
2014

Order information

Address:
Erasmus Universiteit Rotterdam - School of Law
Phone:
010 4081547
Fax:
010 5432911
Website:
www.esl.eur.nl