ベルギーの2002年安楽死法の対象者要件
EIBの報告書（2012年4月）より抜粋
a) Patients who are conscious
In the case of a patient in the final stages of his/her
illness, euthanasia may take place if :
• the patient is an adult or a minor who has been
granted adult legal status and is deemed to be in
his/ her right mind and therefore able to express
his/her wishes;
• the request has been made on a voluntary,
thoughtful and repeated basis and does not arise
from being pressured into it; the request has to be
made in writing;
• the medical situation does not allow for a positive
outlook and causes constant and unbearable physical
or psychological suffering which cannot be alleviated
and is caused by a life‐threatening and incurable
accidental or pathological illness;
• the medical practitioner has talked to his/her patient
on various occasions about his/her state of
health, his/her life expectancy, his/her request for
euthanasia; the medical practitioner must discuss
the possible options available to his/her patient
regarding both therapeutic treatment of the illness
and the palliative care available and the consequences
thereof;
• the medical practitioner has consulted another
independent and competent medical practitioner
who has drawn up a report setting out his/her findings;
• the medical practitioner has discussed his/her patient’s
request with the medical team treating the
patient and with the patient’s close family, if the
patient so requests;
• after euthanasia, the medical practitioner fills out
both pages of the form designed to ascertain the
legality of the afore‐mentioned act.
If the patient is not in the final stages of his/her illness,
two further conditions apply, as set out below :
• the medical practitioner must consult a second
independent medical practitioner, psychiatrist or a
medical practitioner specialized in the relevant
pathology;
• the period of reflection required between the patient’s
written request and the act of euthanasia
has to be at least one month.
If the patient is not in the final stages of his/her illness,
two further conditions apply, as set out below :
• the medical practitioner must consult a second
independent medical practitioner, psychiatrist or a
medical practitioner specialized in the relevant
pathology;
• the period of reflection required between the patient’s
written request and the act of euthanasia
has to be at least one month.
b) Patients who are NOT conscious
Euthanasia can take place if :
• the person is an adult or a minor who has been
granted adult legal status;
• the person is not conscious and the situation is
irreversible according to current medical knowledge;
• the person is suffering from a life‐threatening and
incurable accidental or pathological illness;
• the person has drawn up and signed a declaration
in advance requesting euthanasia; this declaration
is valid for a period of 5 years and may appoint one
or several reliable individuals who have been entrusted
with voicing the patient’s wishes;
• the medical practitioner has consulted another
independent doctor;
• the medical practitioner has discussed the declaration,
which was drawn up and signed by the patient
in advance, with the patient’s medical team
and any close family members;
• after euthanasia, the medical practitioner fills out
both pages of the form designed to ascertain the
legality of the afore‐mentioned act.
In the case of a patient in the final stages of his/her
illness, euthanasia may take place if :
• the patient is an adult or a minor who has been
granted adult legal status and is deemed to be in
his/ her right mind and therefore able to express
his/her wishes;
• the request has been made on a voluntary,
thoughtful and repeated basis and does not arise
from being pressured into it; the request has to be
made in writing;
• the medical situation does not allow for a positive
outlook and causes constant and unbearable physical
or psychological suffering which cannot be alleviated
and is caused by a life‐threatening and incurable
accidental or pathological illness;
• the medical practitioner has talked to his/her patient
on various occasions about his/her state of
health, his/her life expectancy, his/her request for
euthanasia; the medical practitioner must discuss
the possible options available to his/her patient
regarding both therapeutic treatment of the illness
and the palliative care available and the consequences
thereof;
• the medical practitioner has consulted another
independent and competent medical practitioner
who has drawn up a report setting out his/her findings;
• the medical practitioner has discussed his/her patient’s
request with the medical team treating the
patient and with the patient’s close family, if the
patient so requests;
• after euthanasia, the medical practitioner fills out
both pages of the form designed to ascertain the
legality of the afore‐mentioned act.
If the patient is not in the final stages of his/her illness,
two further conditions apply, as set out below :
• the medical practitioner must consult a second
independent medical practitioner, psychiatrist or a
medical practitioner specialized in the relevant
pathology;
• the period of reflection required between the patient’s
written request and the act of euthanasia
has to be at least one month.
If the patient is not in the final stages of his/her illness,
two further conditions apply, as set out below :
• the medical practitioner must consult a second
independent medical practitioner, psychiatrist or a
medical practitioner specialized in the relevant
pathology;
• the period of reflection required between the patient’s
written request and the act of euthanasia
has to be at least one month.
b) Patients who are NOT conscious
Euthanasia can take place if :
• the person is an adult or a minor who has been
granted adult legal status;
• the person is not conscious and the situation is
irreversible according to current medical knowledge;
• the person is suffering from a life‐threatening and
incurable accidental or pathological illness;
• the person has drawn up and signed a declaration
in advance requesting euthanasia; this declaration
is valid for a period of 5 years and may appoint one
or several reliable individuals who have been entrusted
with voicing the patient’s wishes;
• the medical practitioner has consulted another
independent doctor;
• the medical practitioner has discussed the declaration,
which was drawn up and signed by the patient
in advance, with the patient’s medical team
and any close family members;
• after euthanasia, the medical practitioner fills out
both pages of the form designed to ascertain the
legality of the afore‐mentioned act.
