Belgium looks to ease penalties for breaking the law when euthanizing patients

Since passing extreme laws concerning euthanasia in 2002 and allowing euthanasia for minors just 12 years later in 2014, Belgium has been closely watched by the world. Now, the government is looking to amend the current legislation to soften penalties for medical providers who fail to follow the legal requirements and safeguards for euthanizing patients. 

Up until now, the penalty for disregarding proper procedure in MAiD (medical assistance in dying) — whether considered to be a “minor” or “major” offense — has been a charge of murder by poisoning, which carries a life sentence in prison. According to Genethics (translated from French): 

The new law provides for a sentence of 10 to 15 years in prison in case of violation of the ‘basic’ conditions required in the context of the use of euthanasia, and a penalty of 8 days to 3 years in case of violation of ‘procedural’ conditions such as consultation with a second doctor or, if necessary, a child psychiatrist. Other violations will no longer be considered criminal offences.

This controversial shift started after the 2020 case regarding the death of Tine Nys, a 38-year-old Belgian woman with a history of mental illness and various traumas including abortion in her lifetime. Nys’s sisters claimed that the doctors involved failed to follow the legal guidelines and should not have allowed their sister to choose death by means of MAiD. However, the jury and courts acquitted the doctors even though evidence showed the psychiatrist involved did not fairly judge Nys’s condition and lied about an autism diagnosis.

Another instance showing the same questionable medical judgment was the death of Tom Mortier’s mother, Godelieva de Troyer. Mortier wasn’t made aware of his mother’s impending MAiD death until after she had already died. Godelieva had a history of chronic severe depression. Instead of trying to reconnect her with mental health resources or contact her family, her psychiatrist decided she was a good candidate for MAiD. In late 2022, the European Court of Human Rights finally acknowledged that Mortier’s mother’s right to life had been violated. “While the court did not strike down the Belgian euthanasia law, it did find that the Belgian system for ensuring compliance with the law ‘lacked independence’ and therefore violated the right to life, protected under Article 2 of the European Convention on Human Rights,” noted Alliance Defending Freedom.

Live Action News recently reported that deaths by MAiD in Belgium alone rose 15% from 2022 to 2023, equating to 3,423 people killed by such methods in the country in just one year. Despite this, BioEdge notes that “Some Belgian doctors welcomed the changes” to amend the law:

Dr Luc Herry, of the ABYSM doctors union, said that the current system was inadequate. “If a doctor forgot some aspect of the procedure, but the patient had actually made a request for euthanasia, a family member might still file a complaint. Obviously, since we no longer have the main witness since he died, the doctor will find it more difficult to defend himself.”

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