On March 17, a court in Barcelona decided against a father who was trying to stop his 24-year-old daughter, who is paralyzed, from choosing euthanasia. The family is not happy with this decision and hopes that higher courts will change it. The father’s lawyer, José María Fernández, explains more about the case and its implications.
Is there still a chance that the euthanasia request could be denied?
José María Fernández: Yes, the case will be appealed to the Superior Court of Justice of Catalonia, and it might even be reviewed by the Supreme Court of Spain. We believe our arguments are strong and that there’s a real chance that the higher courts could change the decision.
Why can’t the family oppose the decision, even if the patient is suffering in multiple ways?
JMF: The court believes that the decision belongs solely to the patient, which goes against what the Constitutional Court says about having the right to contest administrative actions in court. Additionally, we think the patient has obsessive-compulsive disorder and suicidal thoughts, which may influence her choice.
What does this case say about how society views the moral relief of people who are suffering?
JMF: The message is that instead of providing support for people with mental illnesses, society seems to prefer euthanasia. This is a harsh message with serious long-term consequences.
What do the parents think, and what arguments do you use to support them?
JMF: The parents want their daughter to live. She is very young at 24 and has many years ahead of her. We argue that she isn’t experiencing severe suffering, so the legal conditions for euthanasia aren’t met, and her consent is affected by her mental health issues. We also believe there were serious legal mistakes in the process.
Is the human desire for more personal choice clashing with our need for support from others?
JMF: We live in a time where individual will is emphasized, often to the detriment of the individual. Humans are social beings; we all need each other. In this case, the patient has a good level of autonomy; she can stand up, climb stairs, and do many things by herself.
What role does vulnerability have in society with such laws in place?
JMF: It’s crucial to have a law for palliative care that would provide an alternative to euthanasia for chronic patients.
This article has been translated and simplified by artificial intelligence from a French article “« Nous vivons un moment d’exacerbation de la volonté de l’individu, souvent au détriment de cet individu même »”
It may therefore contain errors. The French version is the reference version..