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Assisted Dying in Switzerland 
Switzerland is the only country in the world where assisted dying is considered a civil right rather than a medical process, available to both residents and foreigners under a unique legal framework.
Legal Status: Legal
Voluntary assisted dying is exempt from punishment provided the motive is not “selfish.” This is based on article 115 of the Swiss Criminal Code.
Key Legislation: Swiss Criminal Code (Article 115)
Key Legislation: Swiss Criminal Code Article 115
Eligibility
Access is available to any adult with decision-making capacity. The person must be able to do the act which brings about death themselves; e.g. drink the lethal medication or open the valve of a drop. While the law does not explicitly require a terminal illness, the statutory rule for medical doctors, who would prescribe the usually used medication Pentobarbital, requires that the suffering of the individual is assessed and quantified.
Summary
Switzerland operates under a unique “civil model” of assisted dying. Unlike the Netherlands, Belgium and most countries in the world, where assisted dying is a medical act integrated into the healthcare system, in Switzerland, it is primarily facilitated by non-profit organizations with the support of medical doctors.
The law distinguishes between medical assisted dying (doctor administering the drug), which is illegal, and voluntary assisted dying (self-administering), which is legal if selfish motives are ruled out.
Quick Overview
In the absence of a specific medical law, Right to die organizations regulate the practice. Groups like EXIT (for residents) and DIGNITAS (which allows foreign nationals to apply) have established strict internal protocols to ensure safety and legal compliance.
Swiss Penal Code (2020)
Click to view.
To obtain effective medication for the purpose of voluntary assisted dying, a doctor must be involved to prescribe. This requires an assessment of the individual’s suffering and thereof an objectivation of the suffering in a medical diagnosis.
The “Swiss assisted dying model” emphasises individual autonomy: the state does not grant the right to die, but rather, it refrains from punishing those who altruistically assist someone who is competent and acts autonomously to exercise that right.
Help to foreigners
Switzerland is known for its possibilities to help foreigners. There are several non-profit organisations to realise this aid in dying in practice.
Click to view our swiss Members
History and Legislation
Towards the end of the 19th century, expert committees and parliament discussed a unified Swiss criminal law and with this also the issue of assistance in suicide. Up until the end of 1941, each Canton (each Swiss State) had still its own criminal law. Exceptions to criminalizing assistance in suicide for those acting out of altruistic motives were discussed. In 1918, this thought was adapted in the draft for a Swiss-wide criminal code and finally came into force on 1st January 1942 as article 115.
Today, provisions in several Acts set the legal framework for assisted dying in Switzerland: Criminal Code, Civil Code, Medical Professional Act outlining medical professional duties, Therapeutic Products Act stating the principle of prescription, dispensing and application of medicinal products, Narcotics Act outlining the obligation how to use, dispense and prescribe narcotics. Court judgments complete this legal framework, such as one by the Federal Supreme Court in 2006 which acknowledges the freedom and right of a competent individual to determined time and manner of his end in life.
Beyond this legal framework, the Swiss Medical Association (FMH), a private association which organises and represents the interest of Swiss physicians, issues statutory rules for medical doctors who are a member of the FMH. These FMH statutory rules include a guideline “Management of dying and death” which set out that the base for a Swiss medical doctor to justify consent for assisted dying is the severe suffering of the patient; the severity of the patient’s symptoms and/or functional impairments is to
be substantiated by an appropriate diagnosis and prognosis – besides the factors capacity, autonomous wish and consideration of alternatives.
The Rise of Organizations (1982-Present):
“Exit A.D.M.D. Suisse romande” is the first Swiss end-of-life-choices non-profit membership association, founded in January 1982, followed by “Exit (Deutsche Schweiz)” in April of the same year.
The first such Swiss organization to also assist individuals from outside of Switzerland is “EX International” in Berne, founded in 1997, followed by “DIGNITAS – To live with dignity – To die with dignity” in 1998.
Since 2011, further organizations accepting foreigners have been founded, such as “Lifecircle”, and later on Pegasos Swiss Association and Athanasios.
Members
Our Swiss Members
We currently have 63 are members of the World Federation, with 6 are based in Switzerland.
latest news
The latest news from our members and from around the world
Our members produce helpful factsheets and newsletters. The Federation is always happy to share other sources of information in favour of our joint mission to advance assisted dying around the world.
