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An Act To Amend The Euthanasia Act Of 28 May 2002, To Extend The Euthanasia For Minors

Original Language Title: Loi modifiant la loi du 28 mai 2002 relative à l'euthanasie, en vue d'étendre l'euthanasie aux mineurs

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belgiquelex.be - Carrefour Bank of Legislation

28 FEBRUARY 2014. - An Act to amend the euthanasia Act of 28 May 2002 to extend euthanasia to minors



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 3 of the euthanasia Act of 28 May 2002, the following amendments are made:
(a) in § 1erParagraph 1erthe first dash is replaced by the following:
"- the patient is a major or minor emancipated, capable or minor with the ability to discern and is aware at the time of his request; ";
(b) in § 1erParagraph 1erin the third dash, the words "majeur or minor emancipated" are inserted between the words "the patient" and the words "is found";
(c) § 1erParagraph 1er, is completed by a fourth dash written as follows:
"- the minor patient with the capacity of discernment is in a medical situation without the result of constant and unbearable physical suffering that cannot be soothed and that results in the short-term death, resulting from a serious and incurable accidental or pathological condition; ";
(d) § 2 is supplemented by a 7° written as follows:
"7° in addition, when the patient is a non-emancipated minor, consult a paedopsychiatre or psychologist, specifying the reasons for this consultation.
The specialist consulted becomes aware of the medical file, examines the patient, ensures the ability to discern the minor, and attests him in writing.
The attending physician informs the patient and its legal representatives of the outcome of this consultation.
The attending physician speaks with the legal representatives of the minor by bringing them all the information referred to in § 2, 1°, and ensures that they agree on the request of the minor patient. ";
(e) in the introductory sentence of § 3, the words "of a major or minor emancipated" are inserted between the words "that death" and the words "will clearly not intervene";
(f) in § 4, the sentence "The patient's request must be in writing" is replaced by the following:
"The patient's request, as well as the agreement of legal representatives if the patient is a minor, are in writing."
(g) a paragraph 4/1 is inserted as follows:
§ 4/1. After the patient's request has been treated by the doctor, the possibility of psychological support is offered to the persons concerned. ".
Art. 3. Article 7, paragraph 4, 1°, of the same law is supplemented by the words "and, with regard to the minor patient, if emancipated."
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 February 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
___
Note
House of Representatives
(www.lachambre.be):
Documents: 53-3245
Full report: 13 February 2014.
Senate (www.senate.be):
Documents: 5-2170
Annales of the Senate: December 12, 2013.