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The Right to Die

Week 10
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Right to die: SUICIDE

 Althoughsuicide itself is no longer a criminal act, under section 2 of the

Suicide Act 1961 it remains a criminal offence for a third party to assist or
encourage another to commit suicide.
 Suicide Act 1961
 Human Rights Act 1998
 What is the legal position on assisted suicide/euthanasia?
 Medically assisted suicide
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Suicide Act 1961

 The Suicide Act 1961 is an Act of the Parliament of the United Kingdom. It
decriminalized the act of suicide in England and Wales so that those who failed in the
attempt to kill themselves would no longer be prosecuted.
 What about Scotland
 The Act did not apply to Scotland, as suicide was never an offence under Scots Law.
 Assisting a suicide in Scotland can in some circumstances constitute murder
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Human Rights Act 1998

 The first human rights challenge used under the £European Convention on Human Rights”
(ECHR)

 Case Pretty v. UK , heard shortly before her death by natural causes

 Mrs Pretty wanted her husband to provide her with assistance in ending her life when she felt
unable to bear it any longer

 Although she intended to perform the final act herself. Because giving this assistance would
expose the husband to liability under s2(1), the DPP was asked to agree not to prosecute.
When this agreement was refused, the case began. Article 2 of the Convention provides:

 . Everyone's right to life shall be protected by law. No-one shall be deprived of his life
intentionally save in the execution of a sentence of a court following his conviction of a crime
for which this penalty is provided by law.
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What is the legal position on assisted

suicide/euthanasia?
 Alsoknown as ‘mercy killing’, euthanasia is the putting to death of another individual to end their
suffering from a painful medical condition or illness.
 Assisted suicide is where someone helps or encourages the person who wants to die to take their own
life.

 Euthanasia
is legal in the Netherlands, Belgium and Luxembourg. It is also legal in the US states of
Washington and Oregon.
 Switzerland recognises and allows assisted suicide by doctors and other medical professionals so long
as it is not self-serving. Euthanasia itself is not legal in Switzerland .
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What does the law in the UK say?

 The
intentional killing of an individual – even as an act of mercy killing – is treated as murder or
manslaughter by the law. Under the Suicide Act 1961, it is not illegal to take your own life.
 However, under section 21 it is a criminal defence to “aid, abet, or procure the suicide of another or an
attempt of another to commit suicide”.
 Therefore,both euthanasia and assisting someone in their own suicide are illegal in the UK and are
criminal offences.
 In
certain instances, on conviction of murder or manslaughter following a mercy killing, the individual
could face a mandatory life sentence of imprisonment.
 On conviction of assisting a suicide under section 21, an individual can face up to 14 years’ imprisonment.
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Active and passive euthanasia

 Active euthanasia means an individual or the medical professionals do something deliberately that causes the
person’s death. This means, for instance, a lethal injection or smothering the patient with a pillow. Active
euthanasia falls firmly within the legal definition of murder and manslaughter.

 Passive euthanasia takes place when nothing is done, directly resulting in the patient’s death. For example, the
medical professionals may withdraw feeding tubes or turn off life support machines, or withdraw drugs that are
keeping the patient alive.

 This distinction between active and passive euthanasia is vital because, since the Tony Bland case in 1993, passive
euthanasia that involves omissions (failures to act) is not illegal under the Suicide Act. Criminal charges would not
therefore normally follow a case of ‘passive euthanasia’.
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Medically assisted suicide

 Medically assisted suicide is where a doctor or other medical

professional assists a suffering patient to commit suicide, possibly
by providing them with lethal drugs to enable them to take their
own life (suicide).
 Again,there is a key distinction between active and passive
euthanasia as a doctor who stops a life support machine will not be
convicted of assisted suicide.
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Are the courts likely to convict people for assisted

suicide?
 Juriesare often reluctant to convict in a case of assisted suicide because they
involve grief stricken relatives who believed they were doing what was in the
best interests of their loved ones.
 No
UK doctor has yet been convicted of assisted suicide despite the fact that
many of them claim to be involved.
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Does the Human Rights Act have any part to play?

 TheHuman Rights Act and the European Convention on Human Rights may recognise an
individuals’ right to life, but does not recognise their concurrent right to death under the
prevailing laws in the UK.
 Ina nine-year legal fight, Tony Nicklinson asked the court to change the law on euthanasia and
assisted suicide. Following his death, the case was continued by his wife right up to the
European Court – but it was decided that Parliament needed to change the law.
 The Assisted Dying Bill was debated by Parliament in 2015 but MPs rejected overwhelmingly
to a change in the law
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Assisted Dying Bill: MPs reject 'right to die' law

 MPshave rejected plans for a right to die in England and Wales in their first vote on the issue in
almost 20 years.
 Ina free vote in the Commons, 118 MPs were in favour and 330 against plans to allow some
terminally ill adults to end their lives with medical supervision.
 Ina passionate debate, some argued the plans allowed a "dignified and peaceful death" while
others said they were "totally unacceptable".
 Pro-assisted dying campaigners said the result showed MPs were out of touch.
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Pressure on the vulnerable, or personal autonomy?

 Ill and disabled people may feel under pressure to end their lives
 The cost of the medical treatment needed to keep them alive, or because they do not want to be
a "burden" on friends and family.
 Can this be a "slippery slope": if Parliament legalises assisted suicide for terminally ill people,
how long before it extends further liberalisation of the legislation to those without any such
illness?
 What do you think?
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Right to die

 There have been many cases in the right to die in the UK.

 Debbie Purdy MS woman wins right-to-die fight

http://news.bbc.co.uk/1/hi/health/8177343.stm

 Tony Nicklinson Law on euthanasia challenged by Tony Nicklinson case

http://www.bbc.co.uk/news/health-17347054