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Dániel Karsai, a constitutional lawyer who has brought a case against Hungary over the country's euthanasia legislation, is trying to bring the European Court of Human Rights in Strasbourg to make a decision on a decades-old social debate. Karsai has been a successful human rights lawyer for many years, but only recently became known to the wider public when he posted not only the lawsuit but also the tragic reason for it: the 46-year-old is himself terminally ill, already unable to care for himself without assistance, his condition is gradually deteriorating, and there is no cure for his neurological disease, which causes complete muscle paralysis. If he loses the case, he will have to wait for death by asphyxiation while fully conscious until the end, but in a vegetative state, unable to communicate. He has undertaken this final mission not only for himself: he also wants to set a precedent for his fellow patients to end their lives with dignity. The trial will begin at the end of November 2023 in Strasbourg.
Background information on the origins and legal regulation of assisted suicide:
The criminalisation of assisted suicide has its origins in Roman law - in the legal system underpinning continental legislation, a slave who helped his master to end his life was punished. However, taking one's own life was only a crime for soldiers, as it was considered desertion. The treatment of suicide as deviance was introduced into European legal systems by Catholic canon law, the philosophical basis for which was laid by St Augustine, who extended the Mosaic commandment "thou shalt not kill" to include the taking of one's own life. Sanctions varied from desecration of the corpse to confiscation of property. The regulation was relaxed by the Enlightenment, and the first Hungarian Criminal Code, the Csemegi Code of 1878, no longer punished suicide. In contrast to the helpers, who were said to take part in the destruction of their fellow human beings "with a calm mind, full consciousness and cold calculation". This notion was retained in the 1961 and 1978 Criminal Code, the commentary to the passage stating that "suicide is contrary to socialist morality" and cannot be sanctioned because the punishment would not achieve its purpose. However, it continued to criminalise assisted suicide, but did not distinguish between victims (in legal terms "passive subjects") according to their age or other criteria. The new Criminal Code, introduced in 2012, already in the Orban era, further tightened the rules: while assisting in the suicide of an adult is punishable by "only" 1-5 years, assisting in the suicide of a person under 18 is punishable by 2-8 years imprisonment. According to the Prosecutor General's Office, there have been 9 prosecutions under this heading in the last 10 years, which is not a very high number, but lawyers suspect that far from all the offences are brought to the attention of the authorities.
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