Saturday, August 01, 2009

Another step towards assisted dying?

The battle to see assisted suicide legalised in the UK - a next step in the fight for the legalisation of euthanasia - rolls relentlessly on.

More than 100 Britons have travelled to Switzerland to end their lives at the Dignitas suicide facility. While suicide, or attempted suicide, is no longer an offence in the UK, assisting someone to commit suicide is. Any one of the people who accompanied their relative or friend to the Swiss suicide clinic could have been prosecuted in the UK for assisting suicide. No one was, because the Director of Public Prosecutions chose not to prosecute.

That was not enough for Debbie Purdy, who suffers from multiple sclerosis. She wanted to know for certain that if she went to Switzerland to commit suicide her husband would not be prosecuted if he went with her. Supported by the Voluntary Euthanasia Society, now known as Dignity in Dying, she went to court seeking such an assurance.

Unsurprisingly, the High Court and the Appeal Court both refused to give her one. Rather surprisingly, the law lords, the highest court in the land, this week overturned the decisions of the lower courts and ordered the Director of Public Prosecutions to state specifically under what circumstances the state will act if someone helps a friend or relative take their own life abroad.

Ms Purdy's lawyers hailed it as a significant step towards legalisation of assisted suicide in certain circumstances.

Critics said the ruling "drove a coach and horses" through the Suicide Act 1961, as a decision that people could not be prosecuted under certain circumstances would effectively change primary legislation without reference to Parliament.

Christian Concern for Our Nation pointed out that the law lords had ruled that Article 8 of the European Convention on Human Rights, which covers the right to respect for private life, also covers a person's choice to end their life. They had ruled that a woman's right to decide when to end her life was protected in law.

Said CCFON: "The European Convention on Human Rights was originally drafted to enshrine the rights to live and be protected from abuse and harm by others. It has now been interpreted to protect the right to die - the very antithesis of the founders' intentions. . . Suicide was decriminalised in 1961, but that was very different from recognising a right to commit suicide as the House of Lords has done.

"It is the state's duty to protect God's creation and not to facilitate its destruction."

John Smeaton, director of the Society for the Protection of Unborn Children, said on his blog that the judgment was dangerous because "It sacrifices the value of human life in the name of choice; it fails to balance sympathy for the relatives of a suicidal person with the need to affirm the worth of people with disability; and it discriminates against certain categories of vulnerable people."

He adds: "Assisting suicide is dangerous, unethical and unnecessary. It's dangerous because it sends out a signal to disabled people that they have less value than others. It's unethical because it is always wrong intentionally to kill an innocent human being. And it's unnecessary because medical treatment, good palliative care and/or personal support can overcome suicidal tendencies."

Labour MP David Winnick now says he hopes to introduce a bill to legalise assisted dying in the House of Commons.

Meanwhile, assisting suicide remains illegal in the UK - for now.