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- Title
Suizidhilfe für Strafgefangene: Eine Bewertung anhand des rekonstruierten ›besonderen Gewaltverhältnisses‹.
- Authors
Reiling, Ines
- Abstract
Persons in penal institutions have a »right to a self-determined death«. Yet if access to assisted suicide is not currently practiced in penal institutions – as shown in published court decisions – this is an interference with the fundamental right requiring justification. The article takes a closer look at the justification, focusing on prisons and using the reconstructed public law doctrine ›besonderes Gewaltverhältnis‹ as a framework for analysis. There are compelling reasons why assisted suicide should not be carried out in the prison itself. That said, the constitutional conflicts are unlikely to go as far as completely denying prisoners access to voluntary assisted suicide outside the prison. The »right to a self-determined death« is too important and prisoners taken into care by the state live in conditions of exceptional dependency with state duties of care and custody. This discussion must be conducted and decided by the legislator.
- Subjects
ASSISTED suicide; CORRECTIONAL institutions; REASONABLE care (Law); PUBLIC law; CIVIL rights
- Publication
Zeitschrift für Politik, 2024, Vol 71, Issue 1, p36
- ISSN
0044-3360
- Publication type
Article
- DOI
10.5771/0044-3360-2024-1-36