The political party Chega has welcomed the decision of the Constitutional Court (TC), as stated in a communiqué, noting that it pointed out the inconsistencies and flaws in the law from the outset.
In a note from the party’s president, it was highlighted that the party aims to “ensure that in the new parliamentary composition, it will promote the development of continuous care in Portugal to prevent anyone from seeking medically assisted death.”
Chega also emphasized its commitment to “continue fighting for life and its dignity at all stages, promoting an integrated palliative care system in health care in Portugal.”
The Constitutional Court today declared some provisions of the law regulating medically assisted death as unconstitutional, while emphasizing that the majority of the bill complies with the fundamental law.
The TC announced the unconstitutionality of six provisions in response to two requests for successive supervision from a group of PSD deputies and the Ombudsman.
“The other provisions whose constitutional evaluation was requested—almost all within the bill—were not declared unconstitutional,” stated the communiqué.
Specifically, the judges identified as unconstitutional the provision that allows the guiding physician to agree with the patient on the method to be used for the practice of medically assisted death; the provision permitting the patient to decide the method of medically assisted death; and another provision in which, during the clinical procedure, the patient can “in an informed and conscious manner” choose the way to end their life.
Also declared unconstitutional was the provision that does not require the patient to be examined by a specialist physician, and consequently, the broader provision “that legalizes, under certain conditions, assisted death” was also against the Constitution.
According to the law (article 3, paragraph 1), “medically assisted death is considered not punishable when it occurs by the decision of an adult person whose will is current and reiterated, serious, free, and informed, in a situation of great intensity suffering, with an extremely severe permanent injury or serious and incurable illness, when performed or assisted by healthcare professionals.”
The judges at Palácio Ratton also deemed part of another article unconstitutional, which required a healthcare professional who refuses to participate in or assist with the act of medically assisted death to specify “the nature of the motivating reasons.”
On May 12, the parliament confirmed the decree on medically assisted death, previously vetoed by the President of the Republic, with a total of 129 votes in favor, 81 against, and one abstention, compelling President Marcelo Rebelo de Sousa to promulgate it. The overwhelming majority of deputies from the PS, IL, BE, and the representatives of PAN and Livre voted in favor.
The majority of deputies from PSD, the parliamentary groups of Chega and PCP, as well as four PS deputies—João Azevedo, Cristina Sousa, Joaquim Barreto, and Sobrinho Teixeira—voted against the bill.
However, the bill has not yet come into force due to a lack of regulation. The dissolution of the Assembly of the Republic means there cannot be any attempt to remove these unconstitutionality issues until the next legislature.
