My last essay with this title appeared in The Portugal News on 03-12-2024. Optimistically, it was then hoped that the finality of the law concerning the legalisation of both Euthanasia and Assisted Suicide would be resolved swiftly by the Constitutional Tribunal and promulgated thirty days thereafter.

But this was not to be so. One month ago, this amendment to the penal code fell at the last of many hurdles which were placed in its path after the decisive vote in Parliament of May 2023 in favour of its early implementation. While accepting three objections concerning the interpretation of the regulations to be imposed on medical procedure, the Tribunal conditioned its ruling by stating that “assisted death, as a matter of principle, is a political problem and it is for the legislator to examine and revise the definition of the proposed regulation so that it meets democratic and constitutional values”.

So, it is now required of the legislative lawyers for the vocabulary of death to be examined once again to provide a formula which is acceptable to the minority of dissenting citizens who have persistently opposed the implementation of a measure which has been designed to relieve the excruciating pain often suffered by those in their final days.

In a rare reference to this subject in current electoral debate, the suggestion that a referendum is now necessary was met positively by the PSD and Chega and negatively by the PS, Pan and CDU. Only IL, Livre and BE responded with the astute observation that “the rights of the individual should not be decided by referenda” to which one might add the apparent incapacity of political leaders to treat such a distressing and personal matter with the sincerity it deserves.

Opponents to change have advocated the alternative of expanding the facilities for palliative care which serves to ease but prolong the suffering of the dying and have pointed to the announcement made this month by the caretaker government that it has approved ninety financing contracts totalling €88,000,000 which will eventually add 3,300 places (both public and private) to the National Association of Integrated Care Providers. However, this is but a drop in the ocean of senility and only serves to alleviate a small part of the shortage which each year expands exponentially with an increasingly aged population.

The crisis in the availability of professionally staffed and administered care homes is now much more serious than when it first became evident during the Covid-19 epidemic. It will only be minutely relieved by the legality of euthanasia and assisted suicide but early and democratic legislation must be the first step of the new government in providing a humane solution to the urgent needs of the unloved ones who live with constant anxiety and fear of an anguished death.

by Roberto Cavaleiro - Tomar 06-05-2025