The World Has Moved On
The World Has
Moved On.
India Has Not.
A comprehensive global census of every jurisdiction where voluntary assisted dying is now legal: 24 years of evidence, 26 jurisdictions, over 200 million people, and why India's silence is a policy failure, not a position.
The Global Picture in 2026
As of April 2026, voluntary assisted dying — encompassing active euthanasia and/or physician-assisted suicide — is legally recognised in at least 26 distinct jurisdictions across four continents. The shift has been fastest in the past decade, with more countries legalising between 2016 and 2026 than in the preceding 70 years combined.
Two Decades of Legal Expansion
The Netherlands became the first modern nation to codify voluntary euthanasia and physician-assisted suicide in 2002. Belgium followed weeks later. For nearly a decade, progress was slow. Then, from 2015 onward, a wave of court-driven and legislative reforms transformed the landscape: in Canada, Colombia, Australia, Spain, New Zealand, and beyond.
By 2026, the countries that have legalised assisted dying span every continent except Africa and Antarctica. They include conservative Catholic nations (Belgium, Colombia, Spain), common law jurisdictions (Canada, Australia, New Zealand), civil law systems (Netherlands, Luxembourg), and constitutional-court-driven reforms (Colombia, Ecuador, Italy: partially).
Euthanasia: A physician administers the lethal substance directly. Physician-Assisted Suicide (PAS): A physician prescribes; the patient self-administers. Many jurisdictions now allow both. India criminalises both under IPC Sections 302, 304, and 306.
India permits only passive euthanasia and advance directives under strict Supreme Court conditions (Common Cause 2018). Voluntary active euthanasia and PAS remain criminalised. The gap between India and global best practice has never been wider.
Every Jurisdiction: Where It Is Legal
A complete inventory of every country and subnational jurisdiction where some form of voluntary assisted dying is legally recognised as of April 2026, with year of legalisation, legal pathway, and type of practice permitted.
| Country | Year | Legal Pathway | Type Permitted | Key Eligibility Note | Status |
|---|---|---|---|---|---|
| Netherlands | 2002 | Parliamentary law | Euthanasia + PAS | Unbearable suffering, no prospect of improvement; minors from age 12 | Active |
| Belgium | 2002 | Parliamentary law | Euthanasia + PAS | Any age (2014+); terminal and non-terminal; psychiatric conditions eligible | Active |
| Switzerland | 1942* | Absence of prohibition (Penal Code Art. 115) | PAS only | No residency requirement; non-physicians can assist; Dignitas model | Active |
| Luxembourg | 2009 | Parliamentary law | Euthanasia + PAS | Terminal or serious incurable condition; adults only | Active |
| Colombia | 2015 | Constitutional Court | Euthanasia | Terminal illness; 2021 extended beyond terminal; no age limit set | Active |
| Canada | 2016 | Supreme Court + legislation (C-14, C-7) | Euthanasia + PAS | Adults 18+; grievous and irremediable condition; expanded 2021 (non-terminal Track 2) | Active |
| Spain | 2021 | Parliamentary law (Organic Law 3/2021) | Euthanasia + PAS | Serious incurable or debilitating disease; adults; residents/citizens | Active |
| New Zealand | 2021 | Referendum (65.1% in favour) | Euthanasia + PAS | Terminal illness; 6-month prognosis; 18+; residents | Active |
| Austria | 2022 | Constitutional Court ruling | PAS only | Adults; terminal or permanent severe condition; physician prescription required | Active |
| Germany | 2020* | Federal Constitutional Court | PAS only | Right to self-determined death; no legislation yet; de facto access | Partial · Court-Driven |
| Ecuador | 2024 | Constitutional Court | Euthanasia | Intense suffering; serious incurable condition; case of Paola Roldan (ALS) | Active |
| Portugal | 2023 (law) | Parliamentary law (Law 22/2023) | Euthanasia + PAS | Law passed May 2023; regulation pending; not yet in force as of April 2026 | Law Passed · Not Yet In Force |
| Uruguay | 2025 | Parliamentary law (Oct 2025) | Euthanasia | Terminal incurable disease; mentally competent adults; no time limit imposed | Awaiting Regulation |
| Italy | 2019* | Constitutional Court (partial) | PAS only (narrow) | Very narrow eligibility; no national law; only 14 known cases to March 2026 | Partial · No National Law |
| * Switzerland: no dedicated law; legal by absence of "selfish motive" clause since 1942. Germany: BVerfG ruling 2020; no legislation enacted. Italy: Corte Costituzionale ruling Case 242/2019. Sources: Wikipedia Legality of Euthanasia (updated April 2026); allaboutlawyer.com; Belgian Federal Commission 2024; Health Canada 2025. | |||||
| State / District | Year | Law Name | Type | Prognosis Requirement |
|---|---|---|---|---|
| Oregon | 1997 | Death with Dignity Act | PAS | 6 months terminal |
| Washington | 2009 | Death with Dignity Act | PAS | 6 months terminal |
| Montana | 2009 | Court Ruling (Baxter v. Montana) | PAS | Terminal · no time limit |
| Vermont | 2013 | Patient Choice and Control at End of Life Act | PAS | 6 months terminal |
| California | 2016 | End of Life Option Act | PAS | 6 months terminal |
| Colorado | 2016 | End-of-Life Options Act | PAS | 6 months terminal |
| Washington D.C. | 2017 | Death with Dignity Act | PAS | 6 months terminal |
| Hawaii | 2019 | Our Care, Our Choice Act | PAS | 6 months terminal |
| New Jersey | 2019 | Medical Aid in Dying for the Terminally Ill Act | PAS | 6 months terminal |
| Maine | 2019 | Death with Dignity Act | PAS | 6 months terminal |
| New Mexico | 2021 | Elizabeth Whitefield End-of-Life Options Act | PAS | 6 months terminal |
| Delaware | 2025 | Ron Silverio/Heather Block End of Life Options Act | PAS | 6 months terminal |
| Illinois | 2025 | End-of-Life Options Act | PAS | 6 months terminal |
| New York | 2026 | Medical Aid in Dying Act | PAS | 6 months terminal |
| Note: Active euthanasia (physician-administered) remains illegal in all U.S. states. All U.S. laws are limited to PAS (patient self-administers). Source: Compassion and Choices Utilization Report 2026; allaboutlawyer.com 2026. | ||||
| State / Territory | Law In Effect | Law Name | Max Prognosis | Notes |
|---|---|---|---|---|
| Victoria | June 2019 | Voluntary Assisted Dying Act 2017 | 6 months (12 months neuro) | First state in Australia |
| Western Australia | July 2021 | Voluntary Assisted Dying Act 2019 | 6 months (12 months neuro) | N/A |
| Tasmania | October 2022 | Voluntary Assisted Dying Act 2021 | 6 months (12 months neuro) | N/A |
| South Australia | January 2023 | Voluntary Assisted Dying Act 2021 | 6 months (12 months neuro) | N/A |
| Queensland | January 2023 | Voluntary Assisted Dying Act 2021 | 6 months (12 months neuro) | N/A |
| New South Wales | November 2023 | Voluntary Assisted Dying Act 2022 | 6 months (12 months neuro) | N/A |
| Australian Capital Territory | November 2025 | Voluntary Assisted Dying Act 2024 | 6 months (12 months neuro) | First ACT territory to legalise |
| Northern Territory: Government inquiry recommended legislation September 2025; no law yet. Source: allaboutlawyer.com 2026; worldpopulationreview.com 2026. | ||||
| Jurisdiction | Current Status | Most Recent Development | Likelihood 2026–2028 |
|---|---|---|---|
| France | Bill passed National Assembly (May 2025) | Senate review ongoing; supported by President Macron | High · 2027 |
| England & Wales | Terminally Ill Adults (End of Life) Bill · Parliamentary debate 2025–2026 | House of Commons passed second reading; committee stage 2026 | Moderate · 2027 |
| Isle of Man | Assisted Dying Act 2025 passed | First jurisdiction in British Isles to legalise | Enacted 2025 |
| Scotland | Assisted Dying for Terminally Ill Adults (Scotland) Bill · Holyrood Stage 1 2024 | Cross-party support; stage 2 committee scrutiny 2025 | Moderate |
| Ireland | Committee recommended legislation 2024; majority of TDs voted to note findings | Government drafting heads of bill 2025 | Moderate · 2027 |
| Slovenia | Parliament passed bill; referendum held Nov 2025 | Referendum outcome contested; awaiting final result validation | Uncertain |
| Portugal | Law 22/2023 passed; regulation still pending | As of April 2026, regulation not yet published; law not in force | Imminent pending regulation |
| India | Only passive euthanasia legal (Supreme Court 2018) | Kahu Advocacy Foundation PIL planned; Change.org petition active | Needs PIL + Legislation |
| Sources: Al Jazeera, Nov 2025; Globe and Mail 2025; allaboutlawyer.com 2026. | |||
Six Pioneer Jurisdictions
The jurisdictions below collectively represent over 95% of the world's assisted-dying data. Their laws, outcomes, and debates provide the evidential foundation for any reform argument — including India's PIL.
24 Years of Numbers
The empirical record from 2002 to 2026 tells a clear story: where euthanasia and PAS laws exist, they are used carefully, grow steadily, and have not produced the predicted catastrophic abuses.
Canada MAID 2024 — Key Indicators
72.6% of patients were over 70. 43.2% were over 80. Psychiatric and cognitive disorder cases remain at just 1.4% each — contrary to "slippery slope" predictions about psychiatric expansion dominating. Only 6 minors have been euthanised under Belgium's law since minors became eligible in 2014.
The Global Timeline: 1942 to 2026
Every significant legal milestone in the global history of voluntary assisted dying — from the Swiss penal code clause to the newest laws of 2025.
Switzerland — Passive Legal Tolerance
Article 115 of the Swiss Penal Code exempts assisted suicide from punishment if motivated by altruism, not selfishness. This becomes the legal basis for Dignitas (est. 1998) and EXIT decades later.
Oregon, USA — Death with Dignity Act
Passed by ballot measure in 1994; survived legal challenges; implemented 1997. World's first modern PAS law. 16 deaths in year one. 376 deaths in 2024 — 27 years of unbroken operation.
Northern Territory, Australia — Brief Legality
Rights of the Terminally Ill Act 1995 allowed 4 deaths before being overturned by Federal parliament's Euthanasia Laws Act 1997 — the first nation in history to both legalise and repeal euthanasia.
Netherlands & Belgium — The Twin Pioneers
Netherlands enacts Termination of Life on Request Act in April 2002. Belgium follows weeks later. Together they create the world's first regulatory model for euthanasia — now 24 years of uninterrupted operation.
Luxembourg & Montana (USA)
Luxembourg passes Act on Euthanasia and Assisted Suicide through parliament after defeating conservative challenges. Montana legalises PAS via state Supreme Court ruling in Baxter v. Montana.
Belgium — Minors Included
Belgium extends euthanasia law to minors of any age with decisional capacity and parental consent — making it the first country to remove any lower age limit. Only 6 cases have been recorded in the decade since.
Canada — Carter v. Canada
Supreme Court of Canada unanimously strikes down the criminal prohibition on assisted dying. Bill C-14 passed 2016. Canada quickly becomes the world's largest-scale euthanasia programme.
Colombia — Court-Led Reform
Constitutional Court decriminalises euthanasia for terminal patients in 1997; implementation effectively began 2015. Court extended access beyond terminal in 2021. First Latin American nation to legalise.
Australia — Six States in Five Years
Victoria leads (2019), followed by Western Australia (2021), Tasmania and Queensland and South Australia (2022–23), then New South Wales (2023), and ACT (2025). Sequential state implementation with refined safeguards each time.
Spain & New Zealand
Spain passes Organic Law 3/2021 through parliament — first in a traditionally Catholic European nation via legislation. New Zealand passes End of Life Choice Act endorsed by 65.1% in referendum — world's first direct democracy endorsement.
Ecuador — Latest Constitutional Court Reform
Ecuador's Constitutional Court rules in favour of euthanasia following ALS patient Paola Roldan's case — making it the most recent country in Latin America to expand access.
Uruguay, Isle of Man, France, New York, Illinois
Uruguay passes the Dignified Death Bill (Oct 2025) — first predominantly Catholic nation in Latin America to do so legislatively. Isle of Man becomes first British Crown Dependency to legalise. France's National Assembly passes a bill. New York and Illinois enact laws, bringing total U.S. jurisdictions to 14.
"The global legal landscape for assisted dying has changed faster in the past decade than in all of history combined."
allaboutlawyer.com · Global Assisted Dying Status Report, 2026The Acceleration Is Undeniable
Between 1942 and 2014, fewer than 5 jurisdictions had legalised any form of assisted dying. Since 2015, the rate has tripled. More people now live in jurisdictions with legal access than in any prior decade of recorded history.
What the Evidence Actually Shows
In the Netherlands, psychiatric euthanasia cases rose from effectively zero in 2002 to 138 in 2023 — representing just 1.5% of all cases after 24 years. In Belgium, psychiatric and cognitive disorder cases stand at 1.4% each of all cases as of 2024. The overwhelming majority — over 75% — involve cancer or polypathologies in elderly patients over 70. Canada has seen faster expansion of eligibility criteria (Track 2 non-terminal, Mental Health expansion planned for 2027), which has generated genuine policy debate. But critics who predicted the laws would quickly expand to cover any preference without safeguards have not been vindicated by the data from the pioneer jurisdictions. Academic analysis published in JAMA Network Open (2025) found that demographic changes explain a significant part of rising case numbers, not criteria expansion.
Belgium's data shows 84.74% of cases involve patients aged 60 or older — reflecting the demographics of serious incurable illness, not vulnerability exploitation. Oregon's data consistently shows MAID patients are predominantly white (92%), educated (45%+ with degrees), and insured (100%) — suggesting access skews toward the privileged, not the disadvantaged. Canada's 2024 report found that MAID recipients "do not disproportionately come from lower-income or disadvantaged communities." However, Canada's Track 2 data (non-terminal) shows 61.5% of recipients self-reported a disability — raising ongoing concerns that inadequate disability support may be driving some requests. The UN Committee on the Rights of Persons with Disabilities has expressed concern about Canada's Track 2 expansion.
The evidence is mixed. In Oregon, 92% of DWDA patients in 2024 were enrolled in hospice care — suggesting palliative and assisted-dying access are not mutually exclusive. In Canada, Health Canada reports that approximately 74% of MAID recipients in 2024 had received palliative care. However, critics note that a third of those received palliative care for less than one month, raising questions about quality. In Belgium and Netherlands, both palliative care infrastructure and assisted dying access have expanded simultaneously over 24 years — no evidence of displacement. The concern is most acute in lower-income countries where palliative care is already absent, making it structurally easier to offer death than care.
Both Belgium and the Netherlands allow euthanasia for psychiatric conditions where suffering is deemed constant, unbearable, and with no prospect of improvement. In the Netherlands, 138 psychiatric-only cases were approved in 2023 — up 20% from 2022's 115, but still representing only 1.5% of all cases. Belgium's FCCEE reports psychiatric and cognitive disorder cases at 1.4% each in 2024. These cases undergo the most rigorous scrutiny, typically requiring additional independent physician consultations including a specialist psychiatrist. Academic research confirms these remain a small and carefully screened cohort. Canada has explicitly delayed mental illness as a sole condition to March 2027 amid ongoing debate.
Oregon's 27-year dataset is the most detailed. In 2024, the three most cited concerns were: loss of autonomy (88.6%), decreasing ability to engage in enjoyable activities (87.8%), and loss of dignity (63.6%). Inadequate pain control was cited by only about 29% of patients. This pattern has been consistent for over two decades. It reveals that the primary driver is not uncontrolled physical pain — which palliative medicine can largely address — but the loss of self-determination and dignity. This directly supports the constitutional autonomy arguments at the core of Kahu Advocacy Foundation's PIL, which argues that the right to dignity under Article 21 cannot be reduced to merely ensuring freedom from pain.
The pandemic accelerated several trends. Canada saw a 36.8% single-year increase from 2019 to 2020 — its highest ever — partly driven by pandemic-related isolation and fear of dying in hospital without family. The Netherlands and Belgium implemented telehealth consultations for initial assessments during lockdowns, reducing access barriers. In Australia, Victoria's newly launched scheme navigated early implementation during the pandemic. Globally, the pandemic intensified public debate about death, dignity, and the right to control one's end-of-life circumstances — shifting public opinion polls toward greater support in every major survey conducted 2020–2022. Several countries that were debating legislation accelerated their timelines post-pandemic.
India vs. The World — The Growing Divide
While 26 jurisdictions have built legal frameworks respecting individual autonomy over end-of-life decisions, India's position remains frozen at 2018's passive-only compromise. Every year this gap widens, the constitutional argument for reform becomes stronger.
What India Allows vs. What the World Allows
| Practice | India (2026) | Netherlands | Canada | Spain |
|---|---|---|---|---|
| Passive euthanasia (withdrawing treatment) | Legal | Legal | Legal | Legal |
| Advance Directive / Living Will | Legal (complex process) | Legal (simpler) | Legal | Legal |
| Physician-Assisted Suicide (PAS) | Illegal | Legal | Legal | Legal |
| Voluntary Active Euthanasia | Illegal | Legal | Legal | Legal |
| Non-terminal conditions eligible | No | Yes | Yes (Track 2) | Yes (debilitating) |
| Psychiatric suffering eligible | No | Yes (narrow) | 2027 planned | Limited |
Which Global Model Suits India?
The Colombia model (Constitutional Court-driven reform) is the most relevant precedent. Colombia's Constitutional Court used constitutional autonomy and dignity arguments almost identical to India's Article 21 in striking down its criminal prohibition. India's Supreme Court has already done more — it recognised passive euthanasia (2018). The PIL asks it to go further, as Colombia did.
What Safeguards Should India Build?
Given India's specific vulnerabilities — low health literacy, patriarchal joint families, caste-based exploitation, rural-urban access disparities, and religious plurality — any Indian framework must include: plain-language consent documentation, independent medical boards (not family-mediated), outreach for marginalised communities, and a national oversight body insulated from political pressure.
What Mistakes Must India Avoid?
Canada's rapid expansion without adequate disability support funding is a cautionary tale. The 61.5% disability rate in Track 2 cases underscores the danger of offering death before offering adequate care. India must sequence reform properly: ensure baseline palliative care infrastructure, pass the PIL, build institutional capacity, then expand scope — not the reverse.
"True dignity and autonomy mean absolute sovereignty over one's existence. Without an instant, painless, guaranteed, and accessible right to exit life, existence itself becomes the potential for inescapable suffering."
Kahu Advocacy Foundation · PIL Arguments, Supreme Court of IndiaKey Findings — What the Global Record Confirms
After 24 years of data across 26 jurisdictions, the evidence is no longer speculative. These are the empirically established facts that underpin Kahu Advocacy Foundation's constitutional argument.
Legalisations Accelerate, Not Reverse
No country that has legalised voluntary assisted dying has repealed or suspended its law (the only exception: Australia's Northern Territory 1997 — overturned by federal override, not by democratic choice or evidence of harm). Global momentum is strongly toward expansion.
The Primary Driver is Autonomy, Not Pain
Oregon's 27-year record shows loss of autonomy (89%) and loss of dignity (64%) dominate over inadequate pain control (29%). People do not primarily choose assisted dying to escape physical suffering — they choose it to preserve control over their existence. This is precisely the constitutional argument India's PIL makes under Article 21.
Psychiatric and Minor Cases Remain Marginal
After 24 years in Belgium and the Netherlands, psychiatric-only euthanasia represents 1.4–1.5% of all cases. Belgium has recorded only 6 minor euthanasias since 2014. Critics' predictions of flood-gate collapse have not materialised in pioneer jurisdictions.
Court-Driven Reform Works (Colombia is India's Blueprint)
Colombia, Ecuador, Germany, Austria, and Italy all reformed via court ruling, not legislation. India's Supreme Court has already taken the first step. The Kahu PIL asks it to complete the journey that Colombia's Constitutional Court completed in 2015 — using strikingly similar constitutional arguments about dignity and autonomy.
200M+ People Now Have Legal Access
More than 200 million people globally now reside in jurisdictions where some form of assisted dying is legally permitted. India's 1.4 billion citizens remain denied even the narrowest access. This is not philosophical divergence — it is a measurable human rights gap, provable in constitutional terms under Articles 14, 19, and 21.
Canada Shows Both the Promise and the Warning
Canada reached 76,475 MAID provisions in 9 years — demonstrating the scale of unmet need when access opens. But the 17% rise in non-terminal (Track 2) cases and the 61.5% disability rate in that track demonstrate that assisted dying must be accompanied by robust social and disability support — a lesson India must hardwire into its reform from day one.
Your Signature Builds the PIL
When this petition reaches critical mass, Kahu Advocacy Foundation will file a Public Interest Litigation in the Hon'ble Supreme Court of India — arguing that Article 21 already guarantees this right. Sign today. Share widely. The world has moved on. It is time India does too.
Continue Reading
This is Page 3 of a 5-part research series by Kahu Advocacy Foundation. Each page dives deeper into a specific aspect of the global and Indian euthanasia landscape.
The Case for Change
The issue, India's stats, the PIL argument, global overview, and petition CTA.
India — The Full Legal Battle
Complete history, landmark cases, IPC analysis, Article 21 evolution, and the Common Cause framework.
The World Has Moved On
26 jurisdictions, complete global census, country profiles, timelines, and comparison tables.
24 Years of Evidence
10 objections answered with data. Special populations. Regulatory failures. India lessons.
Sign — Take Action
The PIL petition, FAQ, how to support, share tools, and what happens next.