End-of-life decisions. Recent jurisprudence of the European Court of Human Rights

The European Convention on Human Rights as well as the Biomedicine Convention do not give instructions to States on how to regulate end-of-life issues, such as euthanasia and physician assisted dying. The right to life suggests that States should above all protect human life and take steps in case this entitlement is violated. Over the course of the last years, the European Court of Human Rights has acknowledged that individuals also have a right to personal autonomy. Persons who are mentally competent to make informed decisions can, according to the European Court, decide to refuse treatment and, under certain circumstances, decide to shorten their life, depending on the domestic legal framework. States are left a large margin of appreciation to regulate end-of-life issues. Besides these self-chosen exceptions, doctors may come to the conclusion that further artificial nutrition, hydrating or life sustaining treatment is not justified, provided that such decisions are taken in an utterly careful way and in accordance with domestic legislation. © 2018, The Author(s).