Euthanasia
What is euthanasia
Euthanasia (mercy killing) means benevolently ending a person’s life when he or she is suffering from a terminal illness; An active or passive ending of a terminally ill patient’s life, in the knowledge or assumption that he or she prefers to die an immediate death, rather than a slow, and painful one.
The law in Israel
The law in Israel explicitly and unequivocally prohibits an active euthanasia, even when a patient expresses his or her wish to die.
The Dying Patient Law (Hebrew) had been enacted to prepare in advance for a situation of loss of competency. The law allows an accepted balance to prevent suffering by regulating directives by which it is possible to set up instructions in advance on accepting or declining life-prolonging medical therapy. The law is intended to regulate the terminally ill patient’s medical treatment, while striking a balance between respecting the sanctity of life and the autonomy of the patient and recognizing the importance of the quality of life. The law is based on values which lie at the foundations of the state of Israel in the domains of morals, ethics, and religion, and have won broad support from most sectors.
To be able to avoid providing medical treatment, the doctor requires the explicit expression of a patient's will, if the patient can provide his consent, as well as explicit instructions on courses of action in situations where the patient is not capable of providing his or her consent due to his medical condition.
The medical condition of a terminally ill patient, his will, and the extent of his suffering are the exclusive considerations in determining a patient’s end-of-life care.
A person is entitled to prepare instructions in advance for a situation in the future when he or she will be regarded incapacitated to make his own decisions.
Further information about preliminary medical instructions
What is allowed and prohibited in the event of a terminal illness
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Prohibited actions by law
Active euthanasia
any action, even an action which is considered medical treatment, intended to put to death, or that its outcome may cause death, is prohibited. Active euthanasia is a criminal offence, even when done at the request of the patient and with the intention of reducing his or her suffering.
Assisted suicide
assisting suicide, even with medical treatment, is a criminal offence.
Withdrawing continued treatment
it is prohibited to withdraw treatment which is provided continuously and without breaks if cessation may cause a patient’s death (for example, ventilator disconnection).
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Allowed actions by law
Avoiding treatment related with terminal illness
if the patient wishes, medical treatments related to a terminal illness, such as operations, resuscitation, chemotherapy, connecting to a ventilator, etc., should be avoided.
If a patient is already undergoing medical treatment, the law distinguishes between two kinds of treatment:
- It is allowed not to resume cyclical medical therapy: treatment which is given cyclically and with breaks, and it is possible to distinguish between the ending of one cycle of therapy and the beginning of the next.
- It is allowed to avoid resuming continuous medical therapy which had been stopped unintentionally, or in a different legal way. In addition, it is allowed to use technological measures with which continuous therapy is planned to be provided as cyclical therapy, even though it is usually given continuously and without cessations.
Palliative sedation
the use of controlled medications to reduce the level of consciousness (to induce sleep), aimed at relieving suffering caused by refractory symptoms and emotional distress
Further information on guidelines for palliative sedation.