http://www.dignitas.ch/WeitereTexte/Kommentar_CPS-Richtlinien.pdf
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Factor 2A
This factor would need a lot of specification: what are mental illnesses and
learning difficulties? Furthermore, this factor oversees the fact that
victims with
a diagnosis of mental illness generally do have sufficient capacity of
discernment
to decide about whether they would want to live or bring a self-determined
end to their life. The Swiss Federal Court acknowledged this aspect in
its 2006
decision, when it stated:
"It cannot be denied that an incurable, long-lasting, severe mental
impairment similar to a somatic one can create a suffering out of which a
patient would find his/her life in the long run not worth living anymore.
Based on more recent ethical, juridical and medical statements, a possible
prescription of Sodium Pentobarbital is not necessarily contraindicated and
thus is no longer generally a violation of medical duty of care…"7
Even more important, as already mentioned above, in the very same
decision the
Court recognized that someone's decision to determine the way of ending
his/her life is part of the right to self-determination protected by
article 8 § 1 of
the European Convention on Human Rights.
"
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