Abstract

HERNAN-SAMPIETRO, María. Legal capacity and legal exceptionality in Law 3/2021, regulating euthanasia. A reading from a user perspective. Rev. Asoc. Esp. Neuropsiq. [online]. 2023, vol.43, n.143, pp.239-248.  Epub July 31, 2023. ISSN 2340-2733.  https://dx.doi.org/10.4321/s0211-57352023000100013.

This article presents a situated reading of Law 3/2021, of March 24, on the regulation of euthanasia, from the perspective of a mental health services' user. The analysis is made from the legal framework of the Convention on the Rights of Persons with Disabilities (CRPD), of the United Nations, paying special attention to its article 12, Equal recognition before the Law. The reading is focused on the adequacy (or not) of the text of the Law to the CRPD. In the discussion, the arguments put forward by the psychiatric institution are reviewed not only to oppose the exercise of this new right by psychiatrized people, but also, by extension, to perpetuate in the Spanish State a situation of Legal Exceptionality based on a criterion of mental disorder.

Keywords : legal capacity; euthanasia; psychiatry; assisted suicide.

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