A seven-judge Supreme Court last week heard the appeal of terminally ill Marie Fleming against the rejection of her challenge to the blanket ban on assisted suicide. Bulletin readers may remember that the case was originally heard in the High Court in November 2012.
The Irish Human Rights Commission (IHRC) appeared as amicus curiae (friend of the court) in the case and told the Court it believes Ms Fleming has a right, subject to strict conditions, to be assisted in taking her own life.
The Commission made submissions to the Court on the constitutional right to equality as it applies to individuals in the circumstances of Marie Fleming, and also the right to autonomy and bodily integrity.
When asked on whether the Commission favoured a constitutional right to suicide, Mr Frank Callanan SC, representing the IHRC, said that he wanted to focus on the particular case and did not wish to adopt a policy position for the Commission.
The role of the amicus curiae is important in public interest litigation as it effectively ensures that the Court has the benefit of the expertise of a specialised impartial body in making its decision.
At the close of the four day appeal, Chief Justice Susan Denham said that the case raises “complex and important constitutional issues” and the Court would reserve judgment to be delivered as soon as possible.
Click here to read the submissions of the IHRC to the Supreme Court in its role as amicus curiae