The (Un)Likely Emergence of a “Right to Die” under the European Convention on Human Rights

Abstract

This article discusses the question of whether the right to die is likely to emerge under the European Convention on Human Rights. In recent decades, several member states of the Council of Europe have changed their legal frameworks by decriminalizing the offences of physician-assisted suicide and euthanasia. This development is particularly significant for individuals with terminal illnesses who, in these jurisdictions, are granted the possibility to choose when and how to die with dignity. For this reason, this article focuses on the implications of these trends for the European Convention. Following an analysis of provisions of the Convention and its case law, this article concludes that a right to die cannot emerge under Articles 2 and 8 of the Convention.