Spanish courts will consider a second case challenging euthanasia approval.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

Laia Galiá reported for the Spanish ARA news on April 3, 2025 that a second challenge to a euthanasia approval will be heard by a Spanish Court.

On March 17, 2025 I reported that a Spanish court rejected an appeal by a father to prevent the euthanasia death of his 24-year-old paraplegic daughter. The article reported that the woman, known as Noelia, who was injured in a suicide attempt, was scheduled to die by euthanasia in August 2024 when her father achieved a court injunction to prevent the death. The March 17 decision stated that the woman met the conditions for euthanasia.

Galiá reported that the first decision (Noelia) has been appealed by the Prosecutor's Office and her father. The case has been referred to the High Court of Justice (TSJC)

In the second case (Francisco case) the Judge has determined that the family has the right to challenge the euthanasia approval. Galiá reported:

The High Court of Justice of Catalonia (TSJC) has issued its first ruling in the legal debate that in recent months has called into question the right to assisted dying. In the opinion of Catalonia's highest court, a patient's family may be entitled to bring a euthanasia procedure to court even if the applicant already has the approval of the committee of experts charged with studying and validating or rejecting these requests.

Unlike the first case, in the Francisco case it has only been determined that the father can challenge the euthanasia approval whereas in Noelia's case, a judge already decided that she met the requirements of the law. Galiá reported:

In contrast, in Francisco's case, the judge has so far only assessed the father's legitimacy to intercede, and the High Court of Justice (TSJC) is ordering her to assess all the evidence. In fact, the judges point out that their ruling does not imply that the family's requests must be accepted. They only rule, they say, on the parents' legitimacy to intervene judicially to request a halt to a euthanasia procedure.

The Spanish euthanasia law is similar to the Canadian euthanasia law since it only requires that a person has "a serious chronic and disabling illness."

Spain's euthanasia law should be challenged based on the United Nations Convention on the Rights of Persons with Disabilities.