Legal Issues Concerning the Recognition of Euthanasia in Thailand

Abstract

Section 12 of the National Health Act B.E. 2550 (2007) provides a legal framework allowing terminally ill patients to express their intention to forgo life-prolonging treatment. It also sets out guidelines for healthcare professionals in responding to such declarations of intent. The right to make one’s own medical decisions is recognized as a matter of human dignity or a fundamental human right and as a part of the act of euthanasia. However, the act of euthanasia encompasses various meanings, both in terms of terminating life sustaining treatment and actively hastening death in order to relieve physical and psychological suffering.

Nevertheless, the provisions under section 12 of this Act do not comprehensively cover all forms of euthanasia. Certain forms of euthanasia may still constitute criminal offenses under the Thai Criminal Code. For instance, administering drugs or substances
with the intention of ending a patient’s life may be considered intentional homicide. Similarly, the withdrawal of life sustaining treatment that had already been administered might potentially be interpreted as a criminal omission resulting in another person’s
death. Therefore, it is essential to develop a clear understanding and interpretation that encompasses all aspects of euthanasia. Furthermore, it may be necessary to amend or revise the relevant statutory provisions in order to address these legal ambiguities.