Between Autonomy and Protection: A Comparative Analysis of Assisted Dying Legislation Across Legal Systems

Abstract

This research explores the ethical and legal tension between individual autonomy and the protection of life within the assisted dying frameworks of Italy, Germany, and Switzerland. It observes that the European Court of Human Rights grants states a wide margin of appreciation due to a lack of international consensus, currently refusing to recognize a generalized European right to assisted suicide. Consequently, the legal landscape is characterized by diverse national approaches shaped by distinct legal cultures and judicial interpretations. The comparative analysis reveals a fragmented picture: Italy suffers from legislative inertia, forcing the Constitutional Court to establish specific criteria for end-of-life care in the absence of statutory law; Germany underwent a legal revolution in 2020 when its Federal Constitutional Court recognized a right to a self-determined death; and Switzerland maintains a liberal model where altruistic assistance is lawful. These systems demonstrate a shift where judicial intervention often fills the void left by silent legislatures. Ultimately, the study underscores that restrictive or absent legislation often leads to "suicide tourism," as individuals seek dignity in more permissive jurisdictions like Switzerland. The authors conclude that legal systems must become more flexible to bridge the gap between static norms and evolving societal needs. There is an urgent need for legislators to provide concrete constitutional guarantees to ensure clarity and protection for those facing end-of-life decisions.