Belgian state rapped for human rights violation under euthanasia law

The European Court of Human Rights has ruled that Belgium contravened human rights legislation under its euthanasia law.

A ruling handed down by the court today raps the Belgian state for failing to properly investigate the circumstances of a case where a depressed mother was euthanised without her children knowing.

Godelieva de Troyer died by lethal injection in 2012, aged 64. Her euthanasia was approved on the basis of “incurable depression”.

The doctor that euthanised Ms de Troyer is co-chair of a federal Commission charged with approving euthanasia cases after the fact, demonstrating a clear conflict of interest.

Ms de Troyer's son Tom Mortier found out she had been euthanised after a phone call from the hospital asking him to come and collect her particulars. He then informed his sister of what had happened.

Distraught by the treatment his mother received, Tom Mortier took legal action against the Belgian state and pursued it all the way to the ECHR, which has found in his favour today.

In the ruling handed down, the seven judges of the ECHR unanimously ruled that there had been a violation of Article 2 of the European Convention on Human Rights: the right to life.

Criticising the bias of groups implicated in the case, the Court said it "considers that the control system established in the present case did not ensure its independence”.

In response to the ruling, Tom Mortier stated:

“This marks the close of this terrible chapter, and while nothing can alleviate the pain of losing my mother, my hope is that the ruling from the Court that there was indeed a violation of the right to life puts the world on notice as to the immense harm euthanasia inflicts on not just people in vulnerable situations contemplating ending their lives, but also their families, and ultimately society”.

Robert Clarke, the barrister representing Mr Mortier, said:

“This ruling serves as stark reminder. It is clear that the so-called ‘safeguards’ failed because intentional killing can never be safe. We must be unfailing in our commitment to advocating for the right to life and the truth that people have inherent dignity no matter their age or health condition".