Since 16 March the euthanasia law came into force in Luxembourg and has opened the way for active help to die.

“Active euthanasia” refers to the implementation of measures to shorten life because of actual or presumed wish of a person. There are also cases of euthanasia where a dying process has begun that is already irreversible and therefore palliative care is administered.

News352 spoke with Mr. Schwebach from the Ministry of Health, regarding the case at  Zitha Clinic who stated that first of all facts on both sides of the case needed to be clarified. Schwebach also stressed that the euthanasia law of March 2009 states that a doctor does have the right to decide whether or not to accept active euthanasia. This right does not apply to the management of a hospital.

News352 then investigated further and following a telephone conversation with Dr. Philip Turk, director of Clinic Ste Zithe, we learned that the clinic had offered palliative home care to the patient who was denied the right to die in the clinic..

Indeed, in the terminal phase of cancer, this patient had requested the right to euthanasia. His doctor had then authorised the procedure, but for ethical and moral reasons,  as Ste Zithe is a Catholic clinic the Sisters, who are part of the board, refused the request for euthanasia.

The hospital then offered to the patient palliative care to accompany his last moments but died before receiving the benefit of the care.


What does the law say?

News352.lu was able to contact Jean Huss, co-author of the euthanasia law of 16 March  2009  and Deputy at Die Gréng political party.

Huss reported that on Thursday, a parliamentary question on this incident had been asked to Health Minister Mars Di Bartolomeo, requesting him to confirm the information and if an open investigation will follow.

He also said that he requested as to whether or not a violation of the law had occurred and what steps would now take place to ensure that the patients concerned will have their rights respected under the law both in hospital and at home.

According to Die Gréng MP, a hospital that does not respect the law could have its state subsidies removed.

The incident at the Ste Zithe begs the question as to whether religion and health care should be connected at all.  The Zithe Clinique is not the only medical establishment in Luxembourg  deemed Catholic.  Should similar cases  occur elsewhere in the Grand Duchy, as Jean Huss stated, they could be penalised financially for breaking the law and the ultimate health care “make-up” of the country could be affected.

As for the dilemma where active euthanasia is concerned, which should be respected?  Moral and ethical reasons, or patient rights?  It is this question that seems to be continually posed even after the law in March was passed.