Law regulating euthanasia for terminally ill children takes effect next year

From next year, euthanasia will be possible for children between the ages of 1 and 12 who suffer hopelessly and unbearably. Health Minister Ernst Kuipers expects the new regulation to take effect on 1 January 2024. The Tweede Kamer, the lower house of the Dutch parliament, approved the proposal during a debate on medical-ethical issues.

Part of the Kamer only questioned the choice to use a regulation instead of a law. But Kuipers opted for regulation because of the complexity and sensitivity of the scheme. D66, GroenLinks, PVV, SP, and SGP, among others, argued that the complexity and sensitivity was reason to put it in legislation.

According to Kuipers, there aren’t enough examples to arrive at a standard for legislation. He said it is very rare for young children to be so sick that their parents and doctors see death as the only option. He considers examples necessary for legislation. Kuipers indicated that when developing a standard, he would also look at situations where termination of life was not chosen when it was an option. GroenLinks MP Corinne Ellemeet had insisted on this.

Apart from the discussion of using regulation or legislation, VVD MP Harry Bevers is “pleased” that seriously ill young children can “die with dignity” from the beginning of 2024. He hopes the regulation will end the “dilemma for doctors” to administer euthanasia to young children who can’t decide for themselves.

Ellemeet of GroenLinks also pointed out during the debate that doctors hesitate to perform a late abortion if there is a severe abnormality because they fear prosecution. According to her, women are therefore going to Belgium, where doctors will do the procedure after a pre-assessment of the necessity. In the Netherlands, the assessment happens afterward. GroenLinks advocated for an assessment in advance. The VVD agreed. The Minister promised to look at how things are organized in Belgium.

Furthermore, Fleur Agema (PVV) wanted clarification from the Minister about the ethical side of artificial intelligence in healthcare. “What is acceptable in the context of human contact, and what is not?” she asked Kuipers. He promised to send a letter to the Tweede Kamer on this topic before the end of this year.