Organic Law 3/2021, in force since 25 June 2021, marks a significant milestone in the regulation of euthanasia in Spain. We set out the legal implications of this legislation, its conditions, and how it operates in practice.
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Written by Maria Serra
Lawyer and mediator
Legal Regulation of Euthanasia in Spain: Requirements and Procedures
What does the word euthanasia mean?
Etymologically, euthanasia means "a good death".
How is euthanasia regulated?
Euthanasia is regulated as a legally permissible practice, provided that specific requirements and safeguards are met. It is framed as an individual right of the person.
What is euthanasia from a legal standpoint?
Euthanasia is an act that directly and intentionally causes a person's death through a single, immediate causal link, carried out at the informed, explicit and repeated request of that person, in a context of suffering arising from an incurable illness or condition which the person experiences as unbearable and which has not been able to be alleviated by other means.
Legal requirements for requesting euthanasia
- The applicant must be of legal age and have full legal capacity, that is, they must be capable and conscious at the time of the request.
- The applicant must hold Spanish nationality or legal residency in Spain, or hold a municipal registration (empadronamiento) certificate evidencing a continuous period of residence in Spain of more than 12 months.
- The request must be made by the person concerned freely, consciously, and on an informed basis.
- The person must be in one of the following two situations (euthanasia context):
- Either they are experiencing a serious, chronic, and disabling condition causing intolerable physical or psychological suffering, involving limitations that directly affect their physical autonomy and ability to carry out daily activities, leaving them unable to care for themselves, as well as their capacity for expression and social interaction, and that entail constant and intolerable physical or psychological suffering, with certainty or a high likelihood that such limitations will persist over time with no prospect of cure or appreciable improvement. In some cases, this may involve absolute dependence on technological support.
- Or they are suffering from a serious and incurable illness causing intolerable physical or psychological suffering, characterised by the absence of any relief the person considers tolerable, a limited life expectancy, and a context of progressive frailty.
This may also be set out in an advance directive (DVA).
Assistance in dying is included in the common catalogue of services of the National Health System.
Those who request assistance in dying under the law will be considered to have died of natural causes.
What the assisted dying benefit consists of
It takes two forms:
- Direct administration of a substance to the patient by the competent healthcare professional.
- Prescription or supply of a substance to the patient by the healthcare professional, so that the patient may self-administer it in order to end their own life.
Requirements for receiving the assisted dying benefit
- Having received, in writing, all available information about their medical situation, the various options and possible courses of action, including access to comprehensive palliative care covered within the common catalogue of services.
- Having submitted 2 written requests (or requests made by another traceable means), on a voluntary basis and free from any external pressure, with a gap of at least 15 calendar days between them.
- Providing informed consent prior to receiving the benefit. This must be incorporated into the patient's medical record.
- The request will not be required if the patient does not have full mental capacity and a prior advance directive (DAV) is in place.
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