Self-determined dying in Germany and what the German Constitutional Court has taught us about assisted suicide with mental disorders

Abstract

In 2020, the German Constitutional Court (Bundesverfassungsgericht) issued one of the most autonomy-centred rulings on end-of-life law worldwide, establishing a broad ‘right to a self-determined death’ while declaring the former regulation of suicide assistance unconstitutional. This article provides an update on the current situation in German end-of-life law and explains why the right to a self-determined death developed by the Bundesverfassungsgericht serves as a core principle for western constitutional systems. The article pays particular attention to an issue that is highly topical in the current end-of-life debate in and outside Germany – assisted suicide and mental disorders – and outlines what can be learned from the Constitutional Court’s ruling about this particular issue.