- Rate of euthanasia in Belgium has increased from 235 lives lost per year (2003), to 7 lives lost per day (2021)
- As Scotland and others consider legalisation, Belgian citizen Tom Mortier challenges Belgium’s law at Europe’s top court after his mother was euthanised for depression without his knowledge
Belgium’s law challenged at Europe’s top court
The controversial euthanasia law is being challenged at the European Court of Human Rights in the case of Tom Mortier v. Belgium. The outcome will have the potential to set a precedent for euthanasia laws across forty-seven European countries, including the United Kingdom.
Tom Mortier’s mother was euthanised in 2012, aged 64. Without any prior consultation, Tom Mortier was informed one day after her death, with the explanation that she had been suffering from ‘untreatable depression’.
“The big problem in our society is that apparently we have lost the meaning of taking care of each other,” said Tom Mortier.
The Belgian law specifies that the person must be in a ‘medically futile condition of constant and unbearable physical or mental suffering that cannot be alleviated, resulting from a serious and incurable disorder caused by illness or accident.’ Mortier’s mother was physically healthy, and her treating psychiatrist of more than 20 years expressed doubts as to whether she satisfied the requirements of the Belgian euthanasia law. Nonetheless, she was euthanized by an oncologist with no known psychiatric qualifications.
“My mother had a severe mental problem. She had to cope with depression throughout her life. She was treated for years by psychiatrists and eventually the contact between us was broken. A year later she received a lethal injection. Neither the oncologist who administered the injection, nor the hospital had informed me or any of my siblings that our mother was even considering euthanasia,” he continued.
The same doctor who euthanised Tom Mortier’s mother co-chairs the Federal Commission which reviews euthanasia cases to ensure the law has been respected. He also leads a euthanasia organization which received a payment from Tom Mortier’s mother in the weeks preceding her death. Despite all this, according to the Belgian government, the Federal Commission saw no issue with letting the euthanasia take place.
Tom Mortier is challenging Belgium’s euthanasia law with support from ADF International. Find out more.
“The slippery slope is on full public display in Belgium. Tom Mortier’s case exposes the lie that euthanasia is good for society. International law has never established a so-called ‘right to die.’ On the contrary, it solidly affirms the right to life – particularly for the most vulnerable among us,” said Robert Clarke, Deputy Director of ADF International, and lead counsel for Tom Mortier at the European Court of Human Rights in Mortier v. Belgium.
Find more information about euthanasia laws in ADF International’s White Paper.