Facts
The appellant X. (born 1953) suffers from a severe bipolar affective disorder and applied to be provided with 15 grams of sodium pentobarbital without a medical prescription in order to carry out an assisted suicide through the association "Dignitas". The Federal Office of Public Health and the Health Directorate of the Canton of Zurich rejected the request, as sodium pentobarbital is a psychotropic substance that induces dependence and may only be dispensed by pharmacies on medical prescription. X. unsuccessfully filed an administrative court appeal against these decisions.Considerations
The Federal Supreme Court dismisses the appeals. Neither the Therapeutic Products Act and the Narcotics Act nor Art. 8 ECHR or Art. 10 para. 2 Cst. oblige the state to provide sodium pentobarbital without a medical prescription for assisted suicide. The medical prescription requirement is based on a clear legal basis and serves to protect public health and safety as well as to prevent crime and the risk of abuse. It proves to be proportionate, as the state may prescribe a control procedure to ensure that the decision to commit suicide corresponds to the free and well-considered will of the person concerned.
In the case of mentally ill persons, extreme caution is also required, as the assessment of decision-making capacity and the permanence of the desire to die can be particularly difficult. Delegating responsibility to private euthanasia…