Considerations on the Compatibility of Thailand’s Legislation on the Right to Die with Dignity with Obligations under International Human Rights Law and European Court of Human Rights Jurisprudence

Abstract

         Currently, the right to refuse treatment at the end of life is the only form of right to die with dignity that Thailand recognizes, according to Section 12 of the National Health Act B.E. 2550 (2007). Thailand has not enacted legislation permitting voluntary active euthanasia and physician-assisted suicide. This raises legal considerations regarding the compatibility of Thailand’s right to die legislation with obligations under international human rights law, as well as the European Court of Human Rights’ approach to protecting the right to die, which is the sole international human rights tribunal that has ruled on the right to die with dignity. 
         When examining the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the European Convention for the Protection of Human Rights and Fundamental Freedoms, although there is no explicit provision recognizing “the right to die” in these international legal instruments, the recommendations and interpretations from the UN Human Rights Committee for the Covenant and the European Court of Human Rights reveal consistency in recognizing the right to die with dignity. They do not prohibit State Parties from permitting euthanasia and assisted suicide, provided that the state has clear and adequate legal measures to ensure protection against situations of bad faith that might interfere with the exercise of these end-of-life rights, in order to prevent violations of and respect for the right to life.
         Therefore, when considering the opinions of the Human Rights Committee and the interpretative approach of the European Court of Human Rights regarding the compatibility of Thailand’s legal recognition of the right to die with dignity, whether Thai law only recognizes the refusal of treatment for terminally ill patients or if Thailand were to recognize active euthanasia and physician-assisted suicide in the future, if Thailand establishes clear and systematic legal measures and regulatory bodies to protect patients' rights to receive accurate and clear information, ensuring that patients' decisions are made independently and truly in accordance with legal measures, Thailand would not be considered in violation of its obligations under international law.