German Federal Court to Decide on Access to Lethal Drug for Assisted Suicide

People in Germany have the right to freely decide about death. How should those wishing to die implement this? The Federal Administrative Court is negotiating access to a deadly drug.

Leipzig – The Federal Administrative Court in Leipzig will negotiate on Thursday about access to a lethal dose of narcotics for those wishing to die. Two seriously ill people are suing the Federal Institute for Drugs and Medical Devices (BfArM), which rejected their application to purchase the drug. The plaintiffs were unsuccessful in the lower courts. The Federal Court wants to announce a decision on November 7th.

The lawsuit

The two patients request permission from the BfArM to purchase a lethal dose of sodium pentobarbital. They want to kill themselves with this. The federal institute rejected the applications. It relies on the Narcotics Act, which does not allow access to a narcotic for the purpose of suicide.

The previous decision

The North Rhine-Westphalian Higher Administrative Court (OVG) dismissed the lawsuits. It is impossible to grant permission. The purpose of the Narcotics Act is to ensure medical care for the population and to protect human health. This does not violate the fundamental right to self-determined death. There are other options for this – for example with the help of a doctor or an organization that is prepared to assist suicide. The plaintiffs have filed an appeal against this OVG ruling.

The plaintiffs’ arguments

The plaintiffs do not want to use an euthanasia organization or the help of a doctor, explained lawyer Robert Roßbruch. Accordingly, both men would like to purchase the narcotic in the pharmacy and “take it with the family,” said Roßbruch, who is president of the “German Society for Humane Dying,” of which the plaintiffs are members. The plaintiffs also argue that it is extremely difficult to find a doctor who will prescribe suicide drugs.

Lethal Drug Applications

Since 2017, 244 applications have been submitted to the BfArM for permission to purchase sodium pentobarbital. In no case was an application approved, the federal institute said. A large proportion were rejected, eight applications were withdrawn and a number of procedures were still open. In 36 cases the applicants died.

Euthanasia in Germany

A ruling by the Federal Constitutional Court from 2020 is fundamental. It postulates the right of the individual to die in a self-determined manner. The decision overturned the ban on organized euthanasia in Germany. Since then, however, there has been a debate about specific regulations for euthanasia – so far without any result. In the summer, two bills did not receive the necessary majority in the Bundestag.

View from patient advocates

The German Foundation for Patient Protection rejects access to sodium pentobarbital for those wishing to die. Several hundred people are already being helped to commit suicide every year using other means, explained board member Eugen Brysch. In addition, the Bundestag is called upon to ban euthanasia for a fee. Because where money flows, autonomy is at risk. dpa