Hungary’s assisted dying laws under presidential consideration

Hungarian President Tamás Sulyok is considering legalising euthanasia in Hungary by granting pardons to people assisting in the death of incurable patients.

Sulyok expressed his intent after visiting Dániel Karsai, a prominent lawyer with ALS, who has been a vocal advocate for legalising assisted death in the country.

‘Merciful death’ has been a constant part of the Hungarian public discourse since last August when the legal case of Karsai put the issue into the spotlight, igniting intense emotions centred around ethical issues.

Karsai, a successful lawyer and an active sportsman, considered himself fit and healthy until he was told, at age 47, that he had two, at most four years left to live after being diagnosed with ALS (Amyotrophic Lateral Sclerosis).

According to Hungarian media, during his recent visit to Karsai’s home, Sulyok assured the lawyer that he stands by him and that he is considering the legalisation of euthanasia in Hungary.

The Hungarian president intends to provide a written answer on the issue of granting pardons to those involved in assisted dying of incurable patients.

No conscious activity or communication

ALS is an incurable, fatal disease of the central nervous system that causes muscle weakness due to damage and destruction of the motor neurons. Stephen Hawking, the famous physicist, also had ALS.

Karsai went public last autumn to start a social debate. He presented his case before the European Court of Human Rights, aiming to legalise active euthanasia in Hungary.

According to Karsai, “ALS is extremely humiliating and deprives him more and more of his independence. The last stage of the disease is practically a vegetative existence, without any possibility of conscious activity or communication.”

He can still move his arms from the elbows and legs minimally but can no longer stand up or hold hands. He rarely even sits because it makes him dizzy.

“Dying is not an easy feat”

As Karsai wrote, “Hungary’s government has been deafeningly silent (…).”

“In this situation, according to my firm conviction, it is just to demand that a person has the right to end his life with dignity instead of senseless suffering. In Hungary, patients suffering from an incurable disease in a situation similar to mine do not have the opportunity to do so,” he said.

In a recent interview with Free Europe, Karsai said that if he reaches a point which he perceives as ‘not worth living’ and there is no legal possibility of euthanasia, he will have no choice but to endure it. He intends to show his suffering until his last moments so that the public and lawmakers can see the reality of the law.

Support for the cause

Péter Szepesházi, a lawyer and former judge, also agreed with the grounds of the constitutional court complaint shared on Dániel Karsai’s Facebook page.

He shared the view that it does not mean that the right to life is violated if active euthanasia, subjected to strict conditions, is allowed.

Rather, it is precisely about being able to live and make decisions regarding your life, even about ending it as you wish. “If you cannot exist with dignity because of your illness, you can only suffer without dignity”, he said.

“The fight for active euthanasia is about being able to die without suffering,” Dávid Bedő, faction leader of the liberal Momentum Party, stressed during a parliament speech. He said the government responded cynically; “the representatives were cowards to debate and meet with Dániel Karsai.”

Gergely Arató, an MP from the leftist Democratic Coalition, believes that end-of-life decisions are the most fundamental part of human dignity.”

On the other hand, Imre Pesti, a representative of Fidesz, Viktor Orbán’s party, even though expressing sympathy for Karsai and his companion, pointed out that “active euthanasia is unconstitutional according to Hungarian Law.”

Ban on making end-of-life decisions

There are two types of euthanasia: active and passive euthanasia. The active form usually entails a medical professional assisting the individual in ending their life, while passive euthanasia is when a medical professional withholds treatment, letting the patient die.

Currently, only Belgium, Netherlands, and Luxemburg allow active euthanasia if it meets strict requirements. In the UK, Norway, Italy, Spain and Sweden, regulated passive euthanasia is possible.

The Hungarian legal system considers euthanasia a prohibited and punishable act.

Survey, complex moral equivalence

Based on a survey from Index and PegaPoll, 74 percent of respondents believe that “both active and passive euthanasia are ethically equivalent, as both involve the intentional causing or permitting of a person’s death.”

Moreover, 22 percent said that “passive euthanasia is morally acceptable, but active euthanasia is not”, while five percent stated that active euthanasia is morally more acceptable than its passive form.

The respondents inclined towards the affirmative position, with 91 percent considering “euthanasia an ethical solution in case of serious illness, and 75 percent “acceptable if the patient’s condition is irreversible and they are suffering”.

According to 85 percent, “the possibility of euthanasia can reduce the expected suffering of patients.”

A play based on his story, in which Karsai was actively involved, will premiere on June 14.

[By Zsolt Kopári, Edited by Vasiliki Angouridi, Brian Maguire | Euractiv’s Advocacy Lab]

Read more with Euractiv

Czech healthcare workers secure major pay raise, concerns remain

The Czech Health Ministry has circulated a draft law to urgently reform the salaries of healthcare workers and doctors, in a move to address long-standing remuneration issues and doctors' protests.