More than two months later, one of the two euthanasia applicants whose right to die with dignity was provisionally paralyzed is closer to being able to comply with his will. The contentious court of 5 Barcelona has rejected the claim of the father of the man who challenged the endorsement of the Generalitat commission for the patient’s euthanasia.
Judge Montserrat Raga agrees with the Generalitat Attorney’s Office and concludes that the father did not have legal standing to appeal euthanasia. The “right to family life” invoked by the father does not represent a “legitimate interest” to impunize the Generalitat’s resolution that endorsed the dignified death of his son.
The judge recalls that European jurisprudence requires that, to appeal euthanasia, the family member has a “real link” with the patient who wants to die with dignity, something that does not occur in this case. The Prosecutor’s Office also considered that the mere fact that they were relatives legitimized the father to appeal euthanasia, but the robe rules this out.
The decision to request euthanasia, the judge argues, “is eminently personal and presents a strong component of self-determination of the person,” so in order to challenge it “it is necessary to carefully prove a legitimate interest.” Each case must be analyzed to see if the interest of the family members is present or not.
Another case remains to be resolved, which affects a request for euthanasia of a 23-year-old girl appealed by her relatives, represented by the ultra-Catholic entity Christian Lawyers. This appeal is being pursued in another court.
It all started at the beginning of August. Christian Lawyers tried to use judicial means to prevent the right to die with dignity of two applicants in Catalonia. In other autonomous communities, the Justice Department had already rejected the claims of the relatives represented by the ultra entity.
In Catalonia, two courts suspended on August 8 and 9 two euthanasias requested by a 23-year-old girl and a 54-year-old man, both with recognized serious pathologies and high degrees of disability. Their assisted deaths had been authorized by the Generalitat commission that, in accordance with the euthanasia law, evaluates and decides on the cases, but Abogados Cristianos obtained their precautionary suspension in court.
At the same time that they provisionally suspended the euthanasia, the two contentious magistrates sent the cases to the TSJC considering that the high court was competent to decide on the merits of the matter. However, the TSJC returned the decision to the contentious courts.
The applicant for euthanasia has had to wait more than two months to hear the decision of Justice due to the slowness that the TSJC placed on his case (it was not processed until the beginning of September although he received it in August) despite it being a priority procedure. when dealing with fundamental rights. The other young woman still does not know what the magistrate has decided that will resolve her case.
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