Assisted dying hasn’t resolved Swiss end of life debates

Despite attempts to normalise it, new challenges still arise.

Markus Zimmerman

Markus is Professor of Moral Theology and Ethics at the University of Fribourg, Switzerland.

A single bed, wiith an unmade colourful duvet stands in the corner of a room. A hoist reaches over it from the corner.

The dying room, Dignitas Clinic, Zurich.

Dignitas.

While countries such as Germany, France or the UK are currently struggling to find a suitable regulation for assisted suicide, their peers in the Netherlands, Canada and Switzerland have years of experience with the controversial medical practice. Even if each state must explore its own ways of dealing with these ethically controversial issues, it is obvious that international experience should not be ignored as they try to find a way forward.

In Switzerland the discussions and challenges surrounding assisted suicide are increasing rather than decreasing. Contrary to the idea that a liberalisation of assisted suicide would lead to fewer debate, tensions and difficulties are increasing. My observation, and thesis, indicates that practices such as assisted suicide cannot be “normalised”, even in the medium and long term.

Developments

In recent years, one to two per cent of all deaths in Switzerland were due to assisted suicide. From an overall perspective, this practice is therefore still a marginal phenomenon. However, a look at the total number of assisted suicides per year gives a different impression, as this has increased more than fivefold in the years between 2008 and 2020, from an initial 253 to 1,251 deaths per year, a rising trend. The cause of death statistics for Switzerland only include those cases of assisted suicide in which persons resident in Switzerland were involved and the death was reported to the authorities. According to the Swiss Federal Statistical Office, in 2020, it was mainly people over the age of 64 who made use of assisted suicide. Detailed information on the underlying illnesses of the people affected in 2018 shows that about 40 per cent were affected by cancer, just under 12 per cent by diseases of the nervous system, a further 12 per cent by cardiovascular diseases and just over a third by other illnesses, including dementia and depression. There are currently seven right-to-die organisations in Switzerland which play a leading role in a typical assisted suicide procedure. They work closely with doctors who are prepared to prescribe a lethal drug, generally Pentobarbital. The data reflects an ambivalent picture: on the one hand, the proportion of assisted suicide cases is relatively low in relation to all deaths and, for example, in comparison to the large number of people who die in Switzerland in a state of deep sedation until death; on the other hand, the number of assisted suicides in Switzerland has risen sharply in recent years.

Perceptions and assessments

Since the 1990s, the public perception and assessment of assisted suicide in Swiss society has changed from an initially cautious and sceptical attitude towards broad acceptance. While the debates in other countries are characterised by relatively sharp controversies between those in favour and those against, public discourse in Switzerland has been less polarised. There are indications of a certain normalisation of the situation, the strongest sign is that Switzerland has so far refrained from regulating assisted suicide in a separate law. The results of a recently-published study on the opinions of Swiss people over the age of 55 regarding assisted suicide confirm these impressions.: The survey showed that over four-fifths of respondents support legal assisted suicide, almost two-thirds can imagine asking for assisted suicide themselves at some point, and that almost one-third are considering becoming members of an right-to-die organisation in the near future, with one-twentieth of respondents already being members at the time of the survey in 2015. Among people with a higher level of education and older people aged between 65 and 74, approval of assisted suicide and corresponding practices was higher than among less educated, younger and very old people; approval was also significantly lower among religious practitioners.

Sensitive topics

The fact that assisted suicide enjoys broad support in Swiss society as a whole does not mean that there are not difficult and controversial aspects relating to its practice. Relevant topics include, in particular, places of death, authorisation criteria and procedures.

Places of death: Assisted suicide is permitted also for mentally ill persons in psychiatric clinics, but the federal court recommends great caution here and requires two psychiatric expert opinions to ensure that the person willing to die is capable of judgement with regard to the desire to commit suicide. Although assisted suicide for children and adolescents has hardly been an issue in Switzerland to date, the corresponding debates are currently being held in Canada and elsewhere. The question of whether people in prison also have a right to make use of assisted suicide, has been the subject of intense debate in Switzerland for years, with a generally positive response. The question of whether right-to-die organisations should be given access to acute hospitals and nursing homes is still the subject of controversial debate, with regulations varying from hospital to hospital, nursing home to nursing home

Authorisation criteria: With regard to the admission criteria for persons willing to die, the capacity for judgement is at the centre of attention: while the importance of the criterion is undisputed in itself, there is a struggle for reliable standards and procedures to reliably test this criterion. Since the publication of the SAMS ethical guidelines Management of Dying and Death in 2018, the criterion for end of life and, depending on this, that of unbearable suffering have received new attention due to an objection by the Swiss Medical AssociationFMH. While the guidelines are based on the criterion of unbearable suffering, the FMH wants to stick to the near end of life. It is certainly difficult to diagnose the existence of unbearable suffering, as the international debate on the significance and assessment of existential (neither physical nor psychological) suffering shows. This difficulty is illustrated by the debate that has been going on for several years in Switzerland about so-called old-age suicide and the inherent criterion of tiredness of life. At the centre of the dispute is the legally difficult question of whether a doctor is also allowed to prescribe a lethal drug to a healthy person.

Procedures: Here the role of the medical profession and right to die organisations is by far the most important issue. In contrast to the physician-centred models in Belgium, Canada and the Netherlands, the Swiss model of assisted suicide is based on the idea that every person has the right to end their life and may call on the help of any other person to do so. Although the medical profession is usually involved in the process, the management of the procedure is normally the responsibility of a right-to-die organisation. This division of responsibilities is always up for debate when legal regulations are being considered, in which doctors should tend to take the lead in the process due to their professional background. There is also a debate about how and by whom compliance with the authorisation criteria should or could be monitored, whereby it remains to be decided whether this should be carried out before or after the death. At present, a certain amount of monitoring takes place following a suicide, insofar as the authorities investigate the cases afterwards. There is also debate as to whether Pentobarbital is a suitable means of suicide, especially if this barbiturate is not administered intravenously but taken orally; there is no knowledge of how many cases are currently administered intravenously and by whom an infusion is then set up. Last but not least, consideration has already been given to the use of lethal drugs, such as helium gas, which can be obtained over the counter.

Attempts at regulation

Political efforts to regulate assisted suicide in Switzerland in a more nuanced way than today have been made since the 1990s but have remain largely without consequences to date. In relevant judgements by the Federal Supreme Court or in statements by the Federal Department of Justice and Police, reference is regularly made to the ethical guidelines of the SAMS. These are classified as soft law and are therefore not legally binding, even though their content has become the subject of dispute. The National Advisory Commission on Biomedical Ethics (NCE) had already recommended more far-reaching legal regulation in 2005 as part of a detailed opinion on the subject; in the opinion of the NCE at the time, the review of authorisation criteria, a justifiable regulation of assisted suicide for the mentally ill, children and adolescents and state supervision of right-to-die organisations, should be ensured by law. The question is what form a legal regulation can take that grants the medical profession far-reaching powers but at the same time prevents medical paternalism (in favour of or against assisted suicide). From the perspective of Swiss experience, this is “a square circle”: either the doctors retain the final decision on who receives the barbiturate, or official access rules are established, the review of which does not generally require medical expertise.

The outlook

In the short and medium term, it can be assumed that the number of assisted suicides in Switzerland will continue to rise. The coronavirus pandemic and the particular difficulties faced by nursing homes during this time are likely to exacerbate this increase. In view of these expectations and the legislative processes in other European countries, pressure is likely to increase in Switzerland to create a legal regulation. Overall, I think politically it will be important to create a legal regulation, in order to ensure legal equality and legal certainty on the one hand and prevention of abuse and expansion on the other. At the centre of social-ethical reflection is the challenge of learning to deal with the pluralism of different ideas of a good death and to develop and establish alternative models to medically assisted dying. The thesis I mentioned at the beginning is confirmed today: assisted suicide in Switzerland can hardly be normalised; new problems, challenges and demands are constantly arising. Suicide, whether with or without the help of another person, always means an existential transgression that defies normalisation.

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Digital

1 July 2024

5 min read

Browsing our bias

Should we curate our feeds for community or for challenge?

Paula Duncan

Paula Duncan is a PhD candidate at the University of Aberdeen, researching OCD and faith.

A woman stands between two table, one of friends and the other more argumentative.

Nick Jones/Midjourney.ai.

“Would you like to continue using this app?”

I stare at the question on my phone screen. It’s there by design – I have it set to prompt me every five minutes so that I don’t fall into the trap of endless scrolling. Often, it’s enough to make me close the app and move on with my day.

Today, however, I’ve been doomscrolling - endlessly flicking through the discussions around the General Election. I have already told my phone I’d like to keep this social media app for another five minutes, and another five minutes, and another. I didn’t open X with any real hope of finding answers to my many questions about the upcoming election (the crucial one being: “who should I vote for?!”). From there, I’ve fallen down a rabbit hole. There is simply too much information, and I can’t always tell what is real or true. I can’t make it more than two or three posts before I stumble across yet another logical fallacy or false equivalency.

When my phone prompts me again to close the app, I pause. I have suddenly realised that I’m upset. It has taken the pop-up box on my phone to make me pause and notice that that I’m overwhelmed and helpless but I still feel like I need to speak, say something, anything useful. But maybe there is just nothing I can say. Maybe I can’t usefully add to this debate. Or perhaps I can’t usefully discuss it in this format.

There is little nuance in the discussion – people are simply yelling at one another.

I close the app to leave this angry space.

I’m not sure I have gained any real insight into the debate from this experience. I can’t help but think that many people are here only to assert their opinion. Nobody is here to listen. Nobody is here to learn. This sort of platform encourages us to speak, to be seen speaking, but doesn’t promote discussion and debate in a way that is constructive. Let alone create a safe well-lit space for it. It doesn’t take long to find someone supposedly invalidating another’s argument by pointing out a grammatical mistake. There is no grace here.

I’m wary of following or subscribing to users who have completely different viewpoints from my own because I am concerned about my own digital image.

I find this online space a difficult one to occupy. My feed is mostly friends and a couple of carefully chosen pages. There’s nothing that is going to particularly challenge me there. I don’t particularly want social media to challenge me. It’s comforting, more than anything – a way of staying in touch with friends and family (particularly during the pandemic) and keeping up to date with organisations I’m involved in.

I don’t tend to go on social media to engage in discussions or debates. I know that this leads to something of a confirmation bias. If I get all of my information from the same sources, and from the same people all the time, I’m not going to learn about other perspectives. If I follow the trade union that supports my workplace, it’s obvious that I will only receive information supporting one particular party. If the only people I follow are people who share similar views as mine, I will simply find myself with my own opinions and feelings being validated.

It’s also worth noting that, perhaps shamefully, I’m wary of following or subscribing to users who have completely different viewpoints from my own because I am concerned about my own digital image. I worry about someone opening my page and making assumptions about my views simply based on those I follow online. I know others share this concern. Public social media accounts are sometimes a delicate exercise in personal branding. I am likely confirming someone else’s bias with my social media presence. I’m almost definitely part of that cycle.

I find myself torn between wanting to use social media more effectively to learn from other people and wanting to make it literally a pastime.

There are certainly arguments to be made about whether this approach to social media is good or bad. It’s certainly comforting though. At the end of a long day, a video of my friend’s dog is going to improve my day just a little bit more than trying to pick apart the truth from the lies in social media and in politics more generally. It’s important that I remain conscious that this is the way I have chosen to use social media. I can’t be complacent.

If I engage with other perspectives and debates, I have to do so more consciously and deliberately. I try and drop in and out of those spaces through the news tabs, tags, searching specific people who I know hold different viewpoints, or looking up specific topics. It always runs the risk of falling into the trap I’ve found myself in today – scrolling through seemingly endless perspectives that I don’t agree with, people wishing harm on another for having a different perspective, a vicious “us and them” narrative that follows through every other post. I need to learn where I can find the most accurate and reliable information. More importantly, perhaps, I need to learn how to close apps when I find myself in angry spaces where debate cannot flourish (and I’m almost never going to find that in a comment section.)

Ultimately, I don’t think I’ll stop carefully curating my social media feeds – mainly as an act of self-perseveration. It’s not that I don’t care – it is never that I don’t care. Just that the 24-hour news cycle becomes too much when there is little that I can do. I’m not going to figure out who to vote for my scrolling arguments on X or Facebook.

I find myself torn between wanting to use social media more effectively to learn from other people and wanting to make it literally a pastime. There is certainly potential for learning - I can access real-time perspectives on almost anything. On the flipside, it is becoming increasingly difficult to discern what is real and what is fake news, or simply AI generated. On the flip side, sometimes I just want to find out if anyone else was as confused by the answer to a TV quiz show as I was or just see a picture of a friend’s cat sunbathing on a windowsill.

How might we find this balance? Sadly, it seems that this is a conversation that’s now only worth having offline.