Swiss law consists of several important factors that frame assisted dying.
Swiss regulations frame VAD at Pegasos
Important factors outlined by the Swiss Law
- The Swiss Penal Code allows for assisted suicide, as long as the motive of those assisting is not selfish.
- The person requesting assistance to death must possess:
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- Decision-making capacity; and
- They must have ‘control’ or ‘ownership of the action’ over their death (‘Tatherrschaft’ in German). (See Art. 115 StGB of the Swiss Penal Code & the decision of the Swiss Federal Court BGE 133 I 58).
Implications of these factors for a VAD at Pegasos
- A person must be of sound mind: While there is a presumption that those applying to Pegasos will have capacity, if a neurological or mental health diagnosis is present, often a consultation with a psychiatrist will be required. Pegasos will point to such an independent professional, if you cannot find one.
- It is the person, themselves, who must push the button. This is what makes a death at Pegasos, a Voluntary Assisted Death (VAD), rather than doctor-administered ‘euthanasia’. Pegasos has developed an ingenious device that requires a simple bump to start the infusion, where even tetraplegic people can open the drip themselves.