Solicitors representing Mr Tony Nicklinson, who has been paralysed for the past 5 years as a result of a severe stroke, have issued judicial review proceedings at the High Court, seeking guidance on whether his wife would be open to prosecution for murder if she ended his life.
Mr Nicklinson, 56, has only been able to move his head and his eyes following the stroke, and communicates to his family by blinking at letters on a perspex board. He says that he is ‘fed up’ with his life and does not want to continue living. Mr Nicklinson does not have the physical capacity to kill himself, so his wife would have to take the necessary steps to end his life. Under the current law this could leave Mrs Nicklinson open to prosecution for murder which would carry a mandatory life sentence.
Mr Nicklinson’s solicitors will argue that the law against murder as it stands constitutes a disproportionate interference with his right to personal autonomy under Article 8 (right to private life) of the European Convention on Human Rights. This is the first time that the courts have been asked to clarify the consequences for an individual who kills a person who desires to commit suicide.
Mr Nicklinson’s case is in stark contrast to that of Mr Richard Rudd, who suffers from the same condition but who managed to communicate his desire to stay alive by blinking. The decision had been taken to switch off the 43 year old’s life support machine but it was discovered that, unlike Mr Nicklinson, he wanted to stay alive.
Andrea Minichiello Williams commented: “We are sorry that Mr Nicklinson is suffering to such an extent that he wants his wife to end his life, but asking her to help him do this is not the answer. The arguments that Mr Nicklinson’s lawyers are putting to the court are shocking as they suggest that the law against murder interferes with human rights. It is important that the current laws against both assisted suicide and murder are upheld as they provide vital protection for those who are most vulnerable in society.”
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