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The Supreme Court will establish a doctrine on family legitimacy in cases of euthanasia

07/11/2025

Admission of the appeal and subject of the ruling

The Administrative Chamber of the Supreme Court has admitted for consideration an appeal filed by the Catalan government. The appeal challenges a ruling by the High Court of Justice of Catalonia that recognized the legitimate interest of a parent to challenge the authorization of euthanasia granted to his child, of legal age and with full decision-making capacity.

The high court will have to determine whether a parent can be considered entitled to appeal an administrative decision that affects the life of an adult child, a question that lacks prior jurisprudence.

Arguments of the Generalitat of Catalonia

In its appeal, the Generalitat argued that the Organic Law 3/2021, regulating euthanasia, It does not contemplate the possibility of third parties filing appeals against the granting or denial of the benefit. According to their argument, the TSJC improperly broadened the scope of standing, contravening the principle of legality and the doctrine of Constitutional Court and from European Court of Human Rights.

Furthermore, the Generalitat emphasized the overall relevance of the issue, noting that between 2021 and 2024, several cases were filed. 824 euthanasia requests in Catalonia, of which 445 were approved, and that the numbers continue to rise.

Interest in cassation and formation of jurisprudence

The Supreme Court has considered that the question raised presents objective grounds for cassation, because it affects fundamental rights and lacks prior legal precedent. The court's ruling may serve as a reference in future disputes related to the third-party legitimation in euthanasia proceedings, given the recent application of the Law.

The Fourth Section of the Administrative Court will be responsible for resolving the case, which will be granted priority processing.

Origin of the case and conflict of rights

The dispute stems from a decision by the Guarantee and Evaluation Commission of Catalonia, The court authorized the provision of euthanasia requested by an adult man without proof of incapacity. His father appealed the decision, alleging a violation of the Article 15 of the Spanish Constitution, which recognizes the right to life and obliges the State to protect it, especially in situations of vulnerability.

An Administrative Court in Barcelona initially rejected the appeal for lack of standing, a decision that the TSJC overturned, recognizing the legitimate interest of the parent.

Conclusion

The Supreme Court will have to establish a doctrine on the limits of procedural standing in euthanasia procedures. Its ruling will clarify whether the protection of the right to life can justify judicial intervention by family members in personal decisions made by fully capable adults.

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