The magistrate of Contentious Court 12 of Barcelona The resource presented by the father of Noeliaa 24 -year -old, against the Plenary Resolution of the Catalonia Guarantee and Evaluation Commission that approved the euthanasia requested by his daughter.
The young woman’s father, who is represented by Christian lawyersargued that the girl suffers «severe mental problems»And, that due to that condition, it was not in the” optimal conditions “to be able to make the decision to receive euthanasia. Although, according to the prosecutor’s report, the young woman is “trained»To make this decision and, in addition, it is found in«one of the situations provided by law», Since it suffers a spinal injury because of an attempt of autolysis, which is the spontaneous disintegration of cells or tissues.
Another factors, so the father’s request has been dismissed is that he has not contributed any proof that his daughter has mental problems. The magistrate also considers that «It is not justified»The parent’s request to prevent the death of the daughter, which is adult And that, although it has a Limit personality disorderaccording to a psychiatric report, does not suffer “any crisis or decompensation” related to it that affects their abilities.
«The applicant maintains the ability to request help to die, because she has sufficient cognitive and psychological skills to govern her actions and It is not necessary that mental functions are altered», Said the magistrate.
For its part, Christian lawyers He has assured that the sentence will resort and undertake legal actions “against those who authorized euthanasia.” Similarly, they have indicated that the sentence «It is not firm»And the parties can present a«Appeal»Before the Administrative Contentious Chamber of the Superior Court of Justice of Catalonia.
The love of your daughter is not justification
As indicated by the judge, the «Huge affection»And«love»That the father can feel towards his daughter It does not constitute a sufficient reason to justify its active legitimation in this process, so you have agreed not to accept your appeal.
Therefore, it has concluded that the requirements set forth in article 5 of the Organic Law 3/2021 of regulation of euthanasia, which establishes that the patient undergoes limitations on physical autonomy and daily activities, to the point of not being able to fend for itself, which presents a constant physical and psychological suffering and that there is no prognosis of improvement or healing.
