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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. A special aspect of this was that it also prohibited its citizens to help other citizens to seek assisted dying abroad. In 2020, the Austrian Constitutional Court (VfGH) decided that the Austrian prohibition was too strict and violated the right to self-determination. That judgment led to the creation of a new law.
Legal Status: Legal
The practice is governed by the Sterbeverfügungsgesetz (Death Decree Act), which came into force on January 1, 2022.
Key Legislation: 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.
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.
Sterbeverfügungsgesetz (2022)
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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).
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History and Legislation
Austria’s legalization was a judicial mandate, not a political initiative.
The Constitutional Court Ruling (2020): 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.
The Sterbeverfügungsgesetz (2022): 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.
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.
The Legislative Vacuum (2020-Present): The Court suggested that Parliament could regulate the practice (e.g., waiting periods, counseling requirements) but could not make it practically impossible.
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/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/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.
Members
Our Austrian Members
We currently have 63 are members of the World Federation, with 1 based in Austria.
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.
