The Court of Human Rights on Oct. 4 did not rule that there was any violation of Belgium’s legislative framework for the practice of euthanasia.
The judgment was with regard to the way in which the facts surrounding de Troyer’s euthanasia were handled by Belgium’s Federal Commission for the Control and Evaluation of Euthanasia and the promptness of a criminal trial following de Troyer’s death.
“Taking into account the crucial role played by the commission in the a posteriori control of euthanasia, the court considers that the control system established in the present case did not ensure its independence,” the ruling said.
The court found that Belgium failed to fulfill its obligation under Article 2 of the convention both because of the lack of independence of the commission and due to lack of promptness of the criminal investigation.
Over a period of just a few months, de Troyer had made a financial payment to a Belgian euthanasia advocate’s organization. He referred her to see other doctors who were also part of the same association, despite a requirement for independent opinions in the case of individuals not expected to die soon.
The same doctor that euthanized her is also co-chair of the federal commission charged with approving euthanasia cases after the fact.