The UK Supreme Court has considered the issue of assisted suicide recently in two significant cases. The first of these cases was taken by Mr Nicklinson and Mr Lamb. Mr Nicklinson suffered a stroke and was completely paralysed as a result. For many years he wanted to end his life and he wanted someone to assist him in this aim by injecting him with a legal drug. Mr Lamb also wanted to avail of the right to die after suffering serious injuries in a car accident – he now requires 24 hour care.
The two appellants sought two things in their cases. The first was a declaration that it would be lawful for a doctor to assist them in ending their lives. The second was a declaration that the current law on assisted suicide in the UK was incompatible with the right to a private life under Article 8 of the European Convention on Human Rights (ECHR).
The second appeal involved a man referred to as “Martin”, who wished to travel to Switzerland to make use of the Dignitas service. In that jurisdiction, Dignitas is the lawful method of undertaking assisted suicide. In relation to the first case, the Supreme Court dismissed the appeal by a majority of seven to two and it unanimously dismissed the second appeal.
The Supreme Court said that the issue of whether the law on assisted suicide was incompatible with Article 8 of the ECHR was a matter for the UK to decide, ie it was “within the United Kingdom’s margin of appreciation”. It was, therefore, a domestic question for the United Kingdom courts to decide under the Human Rights Act 1998. The court ultimately held that the decision to legislate on the right to assisted suicide lay primarily with the Parliament and not with the courts.
The courts took into account the perceived risk to the lives of vulnerable people should the law on assisted suicide be changed. Based on the facts of the case, the court held that they would not give a declaration in the current case. Despite the case’s ruling, the case had some significant outcomes for those advocating a change to assisted suicide laws. Two of the judges, Lady Hale and Lord Kerr, said they would have issued a declaration of incompatibility.
Click here to read the judgment.
Click here to read a Supreme Court press release about the case
PILA bulletin readers may recall that a Private Members Bill on assisted suicide, introduced by Lord Falconer will be debated in the UK next month. Click here to read the relevant Bulletin article.