N. has the right to die and his father cannot try to stop him in court. This has been concluded by a magistrate of Barcelona, who has dismissed the appeal of a father, represented by the ultra -Catholic Christian lawyers, who challenged the resolution of the Generalitat Guarantees Commission that authorized the Euthanasia of N., according to legal sources to Eldiario.es.
The magistrate of the Administrative Contentious Court 12 of Barcelona presided two weeks ago the first view of the history of Spain on the appeal of a relative against an euthanasia already granted unanimously of the medical and legal team in charge of analyzing it.
The judge had to resolve two issues. The first was fundamental: it was about whether the young woman’s father was legitimized to resort (in all contentious processes the appellant must argue that he has a legitimate interest to resort to an act of the administration, in this case the concession of euthanasia).
Having accessed that a father could challenge euthanasia to his daughter (although then the authorized judge worthy of N.), several experts warned that the door had to be opened to a wave of challenges of relatives about a right that does not belong to them, such as dying dignifiedly.
Both the Generalitat, which defends the guarantees commission that, with its 19 professionals in full, endorsed the euthanasia of the young woman, as experts recalled that the Euthanasia law does not contemplate family disagreement as a reason to resort to euthanasia. Moreover, the rule is designed for a applicant to whom the commission has denied euthanasia can resort to this negative before a judge, but not vice versa.
However, the father, from the hand of Christian lawyers, claimed that the young woman was not trained to decide to end her life due to the personality disorder she suffers. The man did not lead to the trial or a single psychiatrist or forensic to support his thesis. On the contrary, the seven medical professionals who evaluated the young woman testified that she does have the preserved capabilities to know what the application for euthanasia implies.
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