British court gives the nod for trial as victim seeks legal euthanasia
Source: Agencies |
March 13, 2012, Tuesday
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IN a case that challenges Britain's definition of murder, a judge ruled yesterday that a severely disabled man who wants a doctor to kill him will be granted a hearing.
It is the first euthanasia case of its kind to be allowed a hearing in a British court.
Tony Nicklinson, 57, suffered a paralyzing stroke in 2005 that left him unable to speak or move below his neck.
The former rugby player and corporate manager requires constant care and communicates largely by blinking, although his mind has remained unaffected.
In January, Nicklinson asked the High Court to declare that any doctor who gives him a lethal injection with his consent won't be charged with murder.
"I have no privacy or dignity left," Nicklinson said in a statement. "I am fed up with my life and don't want to spend the next 20 years or so like this."
The ministry of justice argued that granting Nicklinson's request would require changing the law on murder and that such changes must be made by Parliament.
The government had applied to have the case dismissed.
In his ruling, Justice William Charles said Nicklinson was "now inviting the court to cross the Rubicon" and that his case had "an arguable base."
Nicklinson argued that British law hindered his right to "private and family life" - guaranteed by the European Convention on Human Rights - on the grounds that being able to choose how to die is a matter of personal autonomy.
"The decision to go to a hearing is quite a small step, but what's tremendously significant is what Tony Nicklinson is asking for," said Emily Jackson, a law professor at the London School of Economics.
"Normally, it would be for Parliament to make any change to the law on murder, so it would be a very, very big deal for the court to make a change like this."
Nicklinson's wife, Jane, says the only way to end her husband's suffering was to kill him.
"A life like this is unbearable for him," she said. "We know there are doctors out there that would do this if it is made legal."
A recent British commission headed by a former justice secretary concluded there was a strong case for allowing assisted suicide under strict criteria.
The commission was set up and funded by advocates who want the current law changed.
The report did not support euthanasia and recommended assisted suicide only be allowed for terminally ill people, which would exclude Nicklinson.
In Europe, only Belgium, the Netherlands, Luxembourg and Switzerland allow euthanasia.
It is the first euthanasia case of its kind to be allowed a hearing in a British court.
Tony Nicklinson, 57, suffered a paralyzing stroke in 2005 that left him unable to speak or move below his neck.
The former rugby player and corporate manager requires constant care and communicates largely by blinking, although his mind has remained unaffected.
In January, Nicklinson asked the High Court to declare that any doctor who gives him a lethal injection with his consent won't be charged with murder.
"I have no privacy or dignity left," Nicklinson said in a statement. "I am fed up with my life and don't want to spend the next 20 years or so like this."
The ministry of justice argued that granting Nicklinson's request would require changing the law on murder and that such changes must be made by Parliament.
The government had applied to have the case dismissed.
In his ruling, Justice William Charles said Nicklinson was "now inviting the court to cross the Rubicon" and that his case had "an arguable base."
Nicklinson argued that British law hindered his right to "private and family life" - guaranteed by the European Convention on Human Rights - on the grounds that being able to choose how to die is a matter of personal autonomy.
"The decision to go to a hearing is quite a small step, but what's tremendously significant is what Tony Nicklinson is asking for," said Emily Jackson, a law professor at the London School of Economics.
"Normally, it would be for Parliament to make any change to the law on murder, so it would be a very, very big deal for the court to make a change like this."
Nicklinson's wife, Jane, says the only way to end her husband's suffering was to kill him.
"A life like this is unbearable for him," she said. "We know there are doctors out there that would do this if it is made legal."
A recent British commission headed by a former justice secretary concluded there was a strong case for allowing assisted suicide under strict criteria.
The commission was set up and funded by advocates who want the current law changed.
The report did not support euthanasia and recommended assisted suicide only be allowed for terminally ill people, which would exclude Nicklinson.
In Europe, only Belgium, the Netherlands, Luxembourg and Switzerland allow euthanasia.
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