Assisted dying in Austria
Since 2022, Austria has had a law that permits voluntary assisted dying. Before this, Austria had one of the most rigorous prohibition systems in place, which even prohibited its citizens from helping other citizens to seek assisted dying abroad. In 2020, the Austrian Constitutional Court (VfGH) decided that the prohibition was too strict and violated the right to self-determination. That judgment led to the creation of a new law.
- Where the law stands
- Legal
- Since
- 2022
- Who can ask
- Adults (18+)
- Condition
- Terminal/Serious
- Residency
- Residents Only
What you need to know.
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Legal Status: Legal
The practice is governed by the Sterbeverfügungsgesetz (Death Decree Act), which came into force on January 1, 2022.
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Key Legislation
The Federal Act on the Making of Death Decrees (Sterbeverfügungsgesetz – StVfG).
This law regulates the procedure for drafting a valid “living will for death” and accessing medication.
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Eligibility
Access is strictly limited to adults with decision-making capacity who suffer from a serious, incurable and permanent illness (or a terminal condition) leading to a “permanent impairment of the way of life.”
Summary
The Austrian law, the Sterbeverfügungsgesetz (StVfG), created a tightly controlled pathway for voluntary assisted dying. Unlike the Benelux models, “medical assisted dying” remains illegal and punishable. The Austrian model strictly permits only voluntary assisted dying, where the patient must self-administer the medication, which is dispensed by a pharmacy after a rigorous validation process.
Quick Overview
Austria’s system is notable in its bureaucratic rigour. It does not rely solely on a doctor’s prescription but involves legal professionals directly.
A patient must first undergo two medical consultations (one doctor must be a palliative care specialist). After a mandatory “cooling-off” period, the patient must then visit a notary or a patient advocate to draw up the formal “Death Decree” (Sterbeverfügung). Only with this legal document can the medication be collected from a specialized pharmacy.
The number of people using this option remains low but is steadily rising as awareness grows, with 112 cases recorded in 2024 (up from 54 in 2022).
How the law came about.
Austria’s legalization was a judicial mandate, not a political initiative.
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2020
The Constitutional Court ruling
In December 2020, the Constitutional Court overturned the phrase “or helps him to do so” in § 78 of the Penal Code. The Court argued that the right to self-determination encompasses the right to choose the time and manner of one’s death, and that the total ban left individuals with no dignified option.
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2020–
The legislative vacuum
The Court suggested that Parliament could regulate the practice (e.g. waiting periods, counselling requirements) but could not make it practically impossible.
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2022
The Sterbeverfügungsgesetz
To prevent a “legal vacuum” after the Court’s deadline expired, Parliament passed the StVfG in late 2021. The law came into effect on January 1, 2022. It maintained the ban on physician assisted dying but created a legal exception for assisting dying under defined criteria.
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Today
Current trends
While the law is functional, advocacy groups like ÖGHL have criticized the financial and bureaucratic hurdles (e.g. costs for notary and doctors are not covered by health insurance), which can make access difficult for lower-income patients.
Who is Eligible?
Eligibility is strictly defined by the StVfG:
- Residency: There is no explicit citizenship requirement in the penal code exception, but the bureaucratic process (notaries or patient advocates in Austria) effectively requires a physical presence and engagement with the Austrian legal system.
- Age: Adults (18+). Minors are excluded.
- Capacity: The patient must be fully capable of making decisions.
- Medical Condition:
- A serious, incurable and permanent illness with severe symptoms; or
- A terminal illness (death expected within a short time).
- Process:
- Two Doctors: Assessment by two independent physicians (one must have palliative qualifications) to confirm the disease and capacity.
- Notary or Patient Advocate: Final drafting of the “Death Decree” with a legal professional.
- Cooling-Off Period:
- 12 Weeks: Standard waiting period to ensure the wish is permanent.
- 2 Weeks: Reduced period if the patient is in the terminal phase of life.
Our members in Austria.
Member societies of the World Federation working for the right to die in Austria.
More country profiles
- Belgium Legal
- France Legal
- Germany Legal (Ruling)
- Ireland Illegal (no active bill)
- Italy Decriminalised (Court Ruling)
- Netherlands Legal
- Norway Illegal
- Portugal Legal (In Limbo)
- Spain Legal
- Switzerland Decriminalized
- United Kingdom Illegal (no active bill)
- Australia Legal
- Canada Legal (Federal)
- Colombia Decriminalized
- Cuba Decriminalised (regulations pending)
- Ecuador Decriminalized
- New Zealand Legal
- United States Legal (State Level)
- Uruguay Legal