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Bid to overturn UK assisted suicide law fails Move to overturn UK assisted suicide law fails
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An attempt to overturn the UK law on assisted suicide and voluntary euthanasia by appealing to the European court of human rights has failed.An attempt to overturn the UK law on assisted suicide and voluntary euthanasia by appealing to the European court of human rights has failed.
The Strasbourg court has rejected as inadmissable applications by Jane Nicklinson, whose husband Tony suffered from locked-in syndrome, and Paul Lamb, who was paralysed following a car crash.The Strasbourg court has rejected as inadmissable applications by Jane Nicklinson, whose husband Tony suffered from locked-in syndrome, and Paul Lamb, who was paralysed following a car crash.
Lawyers for both campaigners had argued that those who wished to end their lives but were unable to do so should be able to seek assistance to commit suicide without the nurse or doctor being criminalised. Lawyers for both campaigners had argued that those who wished to end their lives but were unable to do so should be able to seek assistance to do so without the nurse or doctor being criminalised.
Assisted suicide is prohibited by section 2(1) of the Suicide Act 1961 and voluntary euthanasia is considered to be murder under UK law.Assisted suicide is prohibited by section 2(1) of the Suicide Act 1961 and voluntary euthanasia is considered to be murder under UK law.
The seven-judge panel on the ECHR unanimously dismissed Mrs Nicklinson’s claim on the grounds that it was for the national parliament to decide on such a sensitive issue.The seven-judge panel on the ECHR unanimously dismissed Mrs Nicklinson’s claim on the grounds that it was for the national parliament to decide on such a sensitive issue.
The court said: “In the United Kingdom, the assessment as to the risk and likely incidence of abuse if the prohibition on assisted suicide were to be relaxed was made by parliament in enacting section 2(1) of the 1961 act, a provision that has been reconsidered several times by parliament in recent years.The court said: “In the United Kingdom, the assessment as to the risk and likely incidence of abuse if the prohibition on assisted suicide were to be relaxed was made by parliament in enacting section 2(1) of the 1961 act, a provision that has been reconsidered several times by parliament in recent years.
“Requiring courts to give a judgment on the merits of a complaint about the prohibition could have the effect of forcing upon them an institutional role not envisaged by the domestic constitutional order.”“Requiring courts to give a judgment on the merits of a complaint about the prohibition could have the effect of forcing upon them an institutional role not envisaged by the domestic constitutional order.”
In Lamb’s case, the Strasbourg court said his lawyers had not yet exhausted all domestic remedies because the argument that there should be a judicial procedure to authorise voluntary euthanasia in certain circumstances had not yet been put before the UK’s supreme court.In Lamb’s case, the Strasbourg court said his lawyers had not yet exhausted all domestic remedies because the argument that there should be a judicial procedure to authorise voluntary euthanasia in certain circumstances had not yet been put before the UK’s supreme court.
The ruling is in line with recent ECHR judgments that have stressed the so-called ‘margin of appreciation’ – the latitude allowed to member states in deciding more marginal issues according to their national legal traditions. The ruling is in line with recent ECHR judgments that have stressed the so-called “margin of appreciation” – the latitude allowed to member states in deciding more marginal issues according to their national legal traditions.
Critics have accused the Strasbourg court of backing away from confrontation with the UK over high-profile cases in the face of Conservative threats to withdraw from the European convention on human rights.Critics have accused the Strasbourg court of backing away from confrontation with the UK over high-profile cases in the face of Conservative threats to withdraw from the European convention on human rights.
Parliament is currently considering changing the law.Parliament is currently considering changing the law.
The Labour MP Rob Marris, who topped the ballot for private members’ bills, is to adopt draft legislation giving terminally ill patients the right to die that was drawn up by Lord Falconer.The Labour MP Rob Marris, who topped the ballot for private members’ bills, is to adopt draft legislation giving terminally ill patients the right to die that was drawn up by Lord Falconer.
The assisted dying bill would allow doctors to prescribe a lethal dose to terminally ill patients judged to have six months or less to live and who request it. Any patient would be assessed to ensure that they had formed a “clear and settled intention” to end their life. The prescription would be subject to the approval of two doctors and a high court judge.The assisted dying bill would allow doctors to prescribe a lethal dose to terminally ill patients judged to have six months or less to live and who request it. Any patient would be assessed to ensure that they had formed a “clear and settled intention” to end their life. The prescription would be subject to the approval of two doctors and a high court judge.