Spain court rules: Families can challenge euthanasia approvals.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

Noelia Castillo

An article by Alex Trelinski that was published by The Olive Press in Spain reported that on June 24, 2026 the Spanish Supreme Court ruled that families can legally challenge a euthanasia approval.

Trelinski reported that following the euthanasia death of Noelia Castillo, 25 that the Supreme Court decided with a 23 to 9 vote that parents can challenge a euthanasia approval of a family member. The report stated that:

In its ruling, the Supreme Court specifies that those who appeal the granting of euthanasia must be part of the applicant’s closest living circle.

They must possess, according to the ruling, ‘a sufficient capacity for knowledge and empathy with them to be able, if necessary, to detect possible flaws in the understanding and comprehension of the situation in which the applicant finds themselves’.

The court says they can challenge a decision when they demonstrate a special affective closeness with the person requesting euthanasia and provide a reasonable indication of proof over a possible breach of legal guarantees.

The Spanish Supreme Court has enabled some effective oversight of the law, as close family members will have the insight and relationship to question decisions by doctors when the approve the killing of a close family member.

The Spanish Supreme Court decision grants rights to Spanish family members that does not exist in Canada.

In September 2020 a Taryn Grant reported for CBC News Nova Scotia that a man who has received conflicting assessments for MAiD (euthanasia) and whose wife of 48 years says is delusional about his medical condition, can go ahead and die by euthanasia. The Euthanasia Prevention Coalition (EPC) enabled the plaintiff (wife) to challenge her husband's euthanasia approval. Grant reported:

A Nova Scotia Court of Appeal judge has upheld a lower court decision that effectively allows a man to go ahead with a medically assisted death, in spite of his wife's efforts to stop him.

The 83-year-old man from Bridgewater, N.S., was assessed by physicians and approved for medical assistance in dying (MAID) earlier this year, but his wife, Katherine, 82, filed for an injunction with the Supreme Court of Nova Scotia, forcing him to cancel his plans.

In early 2024 there was a case in Calgary AB concerning a 27-year-old autistic woman who lived with her family and had been approved for death by euthanasia. Her father challenged the approval to kill his daughter and claimed that, based on the law, she does not qualify to be killed by euthanasia.

CBC News reported on March 12, 2024 on the Calgary court case that the father stated that his daughter did not have a medical condition that qualified, under the law, and yet his daughter had already been approved for death by lethal poison.

CBC News reporter, Meghan Grant reported on March 25, 2024 that Justice Feasby ruled that the 27-year-old daughter can die by euthanasia despite her father's concerns. Justice Feasby withdrew the temporary injunction that prevented the woman from dying by euthanasia but maintained a 30 day stay of the injunction, which gave the father time to appeal the decision.

On April 2, 2024, Kevin Martin reported for the Calgary Herald that the father of the 27-year-old autistic woman appealed the decision to the Alberta Court of Appeal.

On April 8, Justice Anne Kirker ordered a stay on the injunction to prevent the death of the 27-year-old autistic woman until after the appeal was heard. The date of the appeal is not known but will likely be heard in October.

The EPC sought and received intervention standing in the case, but the appeal was never heard.

The EPC has been contacted by many family members who are concerned about the euthanasia approval or death of a loved one. Currently there is no legal precedent in Canada t0 enable families members to challenge a euthanasia death approval.

It is only just to enable close family members to challenge a approvals for euthanasia based on a clear understanding of that person's physical and mental health.

Spanish woman (25) who became paralyzed after a suicide attempt is killed by euthanasia.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

Noelia Castillo

I am saddened by the death of Noelia Castillo (25) who was killed by euthanasia on March 27. Some reports stated that organ procurement followed her death.

Castillo was approved for euthanasia in July 2024 based on partial paraplegia that was caused by her suicide attempt in October 2022. Castillo stated that her suicide attempt was related to being sexually assaulted.

Castillo was also diagnosed with significant psychiatric issues. Christian Caraballo reported for Euronews that:

Psychiatric reports indicate that the young woman has chronic depressive symptoms and an adjustment disorder with anxiety and depression, but rule out a major depressive disorder that would impair her decision-making capacity. She has also been diagnosed with obsessive-compulsive disorder and borderline personality disorder.

The father of Noelia Castillo challenged the euthanasia approval all the way up to the European Court of Human Rights.

Noelia Castillo was originally scheduled to be killed by euthanasia on August 2 but a judge suspended the death until a higher court could hear the case after her father challenged her approval for euthanasia.

On August 8, 2024, I reported that the father of a 23 year-old Spanish woman, (Noelia Castillo) challenged in court the approval of euthanasia for his daughter. The father argued in court that his daughter, who was living with partial paralysis, lacked the capacity to decide to be killed by euthanasia. Castillo became paralyzed after a suicide attempt.

On March 17, 2025 I reported that a Spanish court rejected an appeal by the father of Castillo his 24-year-old paraplegic daughter, who had been approved to be killed by euthanasia. An article published by Agence France-Presse reported that:

The father argued that his daughter suffered from mental disorders that "could affect her ability to make a free and conscious decision" as required by law.

He also said there were indications his daughter had changed her mind and that her ailment did not entail "unbearable physical or psychological suffering".

The article reported that the court decision decided that the woman met the conditions for euthanasia, which was legalised in the European country in 2021.

Laia Galiá reported for the Spanish ARA news on April 3, 2025 that a second challenge to a euthanasia approval would be heard by a Spanish Court. Galiá reported that the first decision was appealed by the Prosecutor's Office and Castillo's father. The case was referred to the High Court of Justice (TSJC)

On February 20, 2026 Reuters reported that Noelia Castillo who become disabled after an attempted suicide has been once again approved to be killed by euthanasia after Spain's Constitutional Court rejected the appeal by Castillo's father.

The case was then referred to the European Court of Human Rights who rejected the appeal on March 10, 2026.

The human rights of people with disabilities are on the line. People with disabilities who are living with suicidal ideation can be killed by lethal poison based on being disabled. 

Castillo needed time and encouragement to accept the value of living with a disability.

A study published by Nature.com found that:

Individuals with Spinal Cord Injury SCI are at risk of attempting suicide; this risk is increased by the presence of a psychiatric diagnosis. There is a crucial need for risk assessment and psychological intervention for individuals with mental health issues following SCI.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."

Euthanasia is not a treatment for people experiencing suicidal ideation, but rather supportive and life-affirming programs. Euthanasia was not a form of freedom for Noelia Castillo but was and abandoned to death.

The Spanish euthanasia law is similar to Canada's law which allows people with mental illness to be killed, if they have another health condition. People with disabilities who are live with mental illness are not protected from euthanasia, even when they have suicidal ideation.