Probing key concepts of medically assisted death. Analyzing the portuguese constitutional court’s rulings

From 2021, the Portuguese parliament tried to get four versions of a law on medically assisted death approved.Two were rejected by the Portuguese Constitutional Court (PCC) because they were unconstitutional, and the President politically vetoed another.Finally, the parliament passed the law in 2023, even though the President and the PCC seem to oppose it.In this article, we analyze the PCC's rulings on the medically assisted death law and contend that, broadly speaking, the PCC's decisions to reject the law were justified.We focus on two core questions that have been critical in this debate: the meaning of 'suffering' and of 'permanent injury of extreme gravity'.Further, we point to possible directions whereby the legislators may revise the law and thus solve the problems raised by the PCC.

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Publication Details

Journal
Acta bioethica
Published
2025-03-28
DOI
https://doi.org/10.4067/s1726-569x2025000100089
Primary Topic
Medical Malpractice and Liability Issues
Type
article
Field-Weighted Citation Impact
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article

Probing key concepts of medically assisted death. Analyzing the portuguese constitutional court’s rulings

Christopher Wareham, Luís Cordeiro‐Rodrigues, João Cruz Ribeiro
Acta bioethica
Medical Malpractice and Liability Issues
article

Probing key concepts of medically assisted death. Analyzing the portuguese constitutional court’s rulings

Christopher Wareham, Luís Cordeiro‐Rodrigues, João Cruz Ribeiro
article en

Abstract

From 2021, the Portuguese parliament tried to get four versions of a law on medically assisted death approved.Two were rejected by the Portuguese Constitutional Court (PCC) because they were unconstitutional, and the President politically vetoed another.Finally, the parliament passed the law in 2023, even though the President and the PCC seem to oppose it.In this article, we analyze the PCC's rulings on the medically assisted death law and contend that, broadly speaking, the PCC's decisions to reject the law were justified.We focus on two core questions that have been critical in this debate: the meaning of 'suffering' and of 'permanent injury of extreme gravity'.Further, we point to possible directions whereby the legislators may revise the law and thus solve the problems raised by the PCC.

Acta bioethicaVol. 31(1)
Hunan University (CN), University of the Witwatersrand (ZA), Utrecht University (NL)
Peace, Justice and strong institutions, Gender equality
Openalex Percentile: Top 90%
Medical Malpractice and Liability Issues
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