Euthanasia Laws in Europe: Where is Assisted Dying Legal?

Legality of euthanasia in Europe

The legal regulation of euthanasia and assisted suicide across Europe varies significantly by jurisdiction. While the European Union (EU) does not mandate unified legislation regarding end-of-life care, leaving it to the sovereignty of individual member states, several European nations have pioneered legal frameworks for medical assistance in dying (MAiD). As of 2026, active voluntary euthanasia is legal under specific conditions in the Netherlands, Belgium, Luxembourg, Spain, and Portugal. Other countries, such as Austria, Switzerland, Germany, and Italy, allow or have decriminalized assisted suicide.

Legal Framework and Human Rights Context

Neither European Union law nor the European Convention on Human Rights (ECHR) precludes European countries from legislating on euthanasia. The European Commission has historically clarified that the EU is not competent to regulate end-of-life matters; under Article 168 of the Treaty on the Functioning of the European Union, member states are responsible for defining and delivering their own health services.

Similarly, the European Court of Human Rights has ruled that while Article 2 of the Convention (the right to life) does not establish a fundamental "right to die," it does not explicitly prohibit member states from conditionally decriminalizing euthanasia or assisted dying, provided adequate safeguards are in place.

Countries with Legalized Euthanasia

The Netherlands In 2002, the Netherlands became the first country in the world to formally legalize active euthanasia and physician-assisted suicide. Strict criteria must be met: the patient must make a voluntary and well-considered request, face unbearable suffering with no prospect of improvement, and understand their medical prognosis. At least one other independent physician must evaluate the patient. Under specific conditions and parental consent rules, minors as young as 12 can access the procedure.

Belgium Passed in May 2002, the Belgian Act on Euthanasia allows legally competent adults to request voluntary euthanasia if they are in a "futile medical condition of constant and unbearable physical or mental suffering." In 2014, Belgium amended the law to extend the right to euthanasia to terminally ill children without an age limit, provided they possess the capacity for discernment and have parental consent, alongside approval from medical professionals.

Luxembourg Luxembourg legalized euthanasia and assisted suicide in 2009 with the Law on the Right to Die with Dignity. Adult patients must be legally competent, suffering unbearably without prospect of improvement, and free from external pressure. The legislation requires multiple interviews at reasonable intervals to ensure the patient's request is resolute, as well as an assessment by an independent consulting physician.

Spain Spain became the fourth European country to legalize active euthanasia by enacting Organic Law 3/2021, which came into effect in June 2021. The law permits both euthanasia and medically assisted suicide for Spanish nationals and legal residents who suffer from a serious, chronic, and incapacitating condition, or an incurable disease causing intolerable physical or psychological suffering. The Spanish framework is notable for its rigorous procedural safeguards, requiring written requests spaced at least 15 days apart, an extensive deliberation process with a physician, and mandatory prior approval by an independent regional Guarantee and Evaluation Commission.

Portugal In 2023, the Portuguese parliament successfully passed legislation legalizing euthanasia for mentally competent adults who are terminally ill and experiencing lasting and unbearable pain.

Countries Permitting Assisted Suicide

• Switzerland: Switzerland does not have a specific law legalizing assisted dying, but its criminal code, established in 1942, only prohibits assisting suicide if done for "selfish motives." As a result, non-profit organizations are permitted to provide life-ending medications for individuals to self-administer. Uniquely, Switzerland allows foreign nationals to utilize these services.
• Austria: Following a ruling by the Austrian Constitutional Court that an absolute ban violated the right to self-determination, Austria formally legalized assisted dying in 2022. The law allows competent adults with terminal illnesses or permanent, debilitating conditions to self-administer life-ending medication after completing a strict procedural process.
• Germany and Italy: High courts in both Germany (2020) and Italy (2019) have struck down absolute criminal bans on assisted suicide, ruling that individuals suffering intolerably have a constitutional right to a self-determined death. Both nations have since been tasked with developing parliamentary legislation to formally regulate the practice.

Countries Where Euthanasia is Prohibited

In a large portion of Europe—including countries such as Poland, Denmark, and France—active euthanasia and assisted suicide remain criminal offenses. However, nearly all European nations legally recognize "passive euthanasia" (the withholding or withdrawal of life-sustaining medical treatments) and the use of advance healthcare directives or living wills. Many countries also emphasize access to deep palliative sedation as an alternative to MAiD.