31 October, 2005
For Immediate Release

Belgium: Redefining Palliative Care and Forcing Physicians to Refer for Euthanasia

Physicians must refer patients for euthanasia, and euthanasia is part of palliative care in Belgium, according to a joint statement issued by the Catholic University of Leuven, the University of Ghent and the Belgian Association of General Practitioners.

Concerned about the implications of the statement for freedom of conscience, the Protection of Conscience Project wrote to the Association in July, 2004 to initiate a dialogue on the subject.  The Association answered the first letter but failed to respond when the Project attempted to continue the discussion.

"Referral is contentious for many objectors," said Project Administrator, Sean Murphy.  "A Belgian doctor is legally required to transfer a medical file to someone chosen by the patient.  But neither Belgium's Euthanasia Act nor its Patients' Rights Act require physicians to actively facilitate the procedure, so the Association and universities appear to be over-reaching."

Murphy noted that this is not unusual, as demands for referral for controversial services that are made in other countries are often without legal or ethical foundation.  "We encounter demands that objectors refer patients for contraception, the morning-after pill, or abortion, for example," he explained.  Citing the case of a medical student whose professors attempted to fail him for refusing to provide or refer for such services, Murphy commented that it was most interesting to see that their reasons were essentially the same as those given to force Belgian physicians to refer for euthanasia.

"Whether or not they realize it," he said, "these professors are laying the foundations for compulsory referral for all controversial procedures, including euthanasia or assisted suicide, if such procedures were to be legalized."

Murphy said that the incorporation of euthanasia into palliative care is also problematic from the perspective of freedom of conscience.

"Many people working in palliative care entered the field with the understanding that it does not include euthanasia or assisted suicide," he observed.  "It would be most unfair to incorporate the procedure into the discipline without very substantial legal safeguards to protect conscientious objectors."

The joint statement, related documents and correspondence between the Project and the Belgian Association of General Practitioners are available in English and in Dutch on the Protection of Conscience Project website.  The accompanying commentary introduces the documents and outlines the issues.

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For further information, call Sean Murphy at 604-485-9765or e-mail protection@consciencelaws.org.

 Project Advisors