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Campaigners lose 'right to die' case | Campaigners lose 'right to die' case |
(about 5 hours later) | |
Campaigners have lost their appeal at the UK Supreme Court over the right to die - but the judges said Parliament should now act. | Campaigners have lost their appeal at the UK Supreme Court over the right to die - but the judges said Parliament should now act. |
Justices ruled against Paul Lamb and Jane Nicklinson by seven to two. | Justices ruled against Paul Lamb and Jane Nicklinson by seven to two. |
A third man, Martin, lost his attempt to have the current prosecution guidance on assisted suicide clarified. | A third man, Martin, lost his attempt to have the current prosecution guidance on assisted suicide clarified. |
But five justices concluded they had the power to declare the current law breaches the right to a private life. | But five justices concluded they had the power to declare the current law breaches the right to a private life. |
Had the court made such a declaration, it would have forced the government to introduce legislation to amend the law on assisted suicide in England and Wales. | |
A majority of the justices said that the question they were being asked involved moral judgements rather than points of law - and the matter had to be addressed by a democratically-elected Parliament. | A majority of the justices said that the question they were being asked involved moral judgements rather than points of law - and the matter had to be addressed by a democratically-elected Parliament. |
The cases involve the family of the late Tony Nicklinson, of Wiltshire, who had locked-in syndrome, and Paul Lamb, of Leeds, who was paralysed in a road crash. | The cases involve the family of the late Tony Nicklinson, of Wiltshire, who had locked-in syndrome, and Paul Lamb, of Leeds, who was paralysed in a road crash. |
They wanted the law changed to allow doctors to assist patients to die. | They wanted the law changed to allow doctors to assist patients to die. |
Nine justices had to decide whether a prohibition on assisted suicide was compatible with the right to respect for private and family life under the European Convention on Human Rights. | Nine justices had to decide whether a prohibition on assisted suicide was compatible with the right to respect for private and family life under the European Convention on Human Rights. |
Five concluded the court had the "constitutional authority" to make a declaration, and two of the five said they would have done so. | Five concluded the court had the "constitutional authority" to make a declaration, and two of the five said they would have done so. |
'Positive step' | 'Positive step' |
Mr Lamb and Mrs Nicklinson, the wife of Tony Nicklinson, said the conclusions were a "positive" step in the fight for change. | Mr Lamb and Mrs Nicklinson, the wife of Tony Nicklinson, said the conclusions were a "positive" step in the fight for change. |
"I am very proud of myself," said Mr Lamb, 58. "I know it is going to change." | "I am very proud of myself," said Mr Lamb, 58. "I know it is going to change." |
Mrs Nicklinson, from Wiltshire, whose husband Tony died aged 58 last year, added: "I am disappointed that we lost. But it is a very positive step. Parliament will have to discuss this. I think Tony would be very pleased at how far we have come." | Mrs Nicklinson, from Wiltshire, whose husband Tony died aged 58 last year, added: "I am disappointed that we lost. But it is a very positive step. Parliament will have to discuss this. I think Tony would be very pleased at how far we have come." |
Commenting on the ruling, Andrea Williams of Christian Concern, said: "This is good news for the many vulnerable people who would have been at risk if the attempt to weaken the law on euthanasia and assisted suicide had been allowed by the Supreme Court." | Commenting on the ruling, Andrea Williams of Christian Concern, said: "This is good news for the many vulnerable people who would have been at risk if the attempt to weaken the law on euthanasia and assisted suicide had been allowed by the Supreme Court." |
Andrew Copson, chief executive of the British Humanist Association, which supported the campaigners, said: "It is clear that the Supreme Court went as far as it was able in urging Parliament to take action on the vital issue of assisted dying." | Andrew Copson, chief executive of the British Humanist Association, which supported the campaigners, said: "It is clear that the Supreme Court went as far as it was able in urging Parliament to take action on the vital issue of assisted dying." |
A third man, known only as Martin, was seeking clarification of the Director of Public Prosecutions's (DPP's) guidance on the position of health professionals who assist a suicide. | A third man, known only as Martin, was seeking clarification of the Director of Public Prosecutions's (DPP's) guidance on the position of health professionals who assist a suicide. |
Martin wants it to be lawful for a doctor or nurse to help him travel abroad to die with the help of a suicide organisation in Switzerland. His wife and other family want no involvement in his suicide. | Martin wants it to be lawful for a doctor or nurse to help him travel abroad to die with the help of a suicide organisation in Switzerland. His wife and other family want no involvement in his suicide. |
The Supreme Court unanimously allowed the DPP's appeal against a previous Court of Appeal ruling in Martin's favour for clarification of the guidance. | The Supreme Court unanimously allowed the DPP's appeal against a previous Court of Appeal ruling in Martin's favour for clarification of the guidance. |
Using an adapted computer operated by sight, Martin said in a statement: "I would implore the DPP to amend her written guidance as a matter of absolute priority. | Using an adapted computer operated by sight, Martin said in a statement: "I would implore the DPP to amend her written guidance as a matter of absolute priority. |
"People in my situation, who have the right to choose how to end their lives, should be able to get the assistance they need from people outside their family." | "People in my situation, who have the right to choose how to end their lives, should be able to get the assistance they need from people outside their family." |
Long battle | Long battle |
Mr Lamb has been almost completely paralysed from the neck down since a car accident more than 20 years ago and says he is in constant pain. | Mr Lamb has been almost completely paralysed from the neck down since a car accident more than 20 years ago and says he is in constant pain. |
He has called for the law to be changed so any doctor who helped him die would have a defence against the charge of murder. | He has called for the law to be changed so any doctor who helped him die would have a defence against the charge of murder. |
Tony Nicklinson was paralysed from the neck down after suffering a stroke while on a business trip to Athens in 2005. | Tony Nicklinson was paralysed from the neck down after suffering a stroke while on a business trip to Athens in 2005. |
After losing his High Court battle last year, he refused food and died naturally, aged 58, a week later at his home in Wiltshire. His widow, Jane, is continuing his legal battle. | After losing his High Court battle last year, he refused food and died naturally, aged 58, a week later at his home in Wiltshire. His widow, Jane, is continuing his legal battle. |
The 1961 Suicide Act makes it an offence to encourage or assist a suicide or a suicide attempt in England and Wales. Anyone doing so could face up to 14 years in prison. | |
But despite this, scores of UK citizens have travelled to Dignitas in Switzerland to end their lives - and no relative who has helped them has faced prosecution. | |
The law is almost identical in Northern Ireland. | |
There is no specific law on assisted suicide in Scotland, creating some uncertainty, although in theory someone could be prosecuted under homicide legislation. |