A man suffering from a serious and disabling condition is in court this week seeking an order to allow doctors to end his life without them facing criminal charges.
Tony Nicklinson, aged 57 and a father of two children, was diagnosed with “locked in syndrome” after suffering a massive stroke in 2005 which left him paralysed from the neck down.
As a result, Mr Nicklinson is unable to move or speak, and communicates using a Perspex board and an Eye-Blink computer.
Under current legislation, any doctor who assists in the death in Mr Nicklinson could be prosecuted for murder and sentenced to life imprisonment.
Supported by his wife and two children, Mr Nicklinson has asked the High Court to allow doctors to end his life through the administration of a legal injection, without facing murder charges, on the basis that he has consented to the procedure and is mentally competent to do so.
Any such ruling will effectively legalise euthanasia in the UK.
Ministry of Justice
David Perry QC, acting on behalf of the Ministry of Justice, has asked the court to dismiss Mr Nicklinson's case, arguing that any such change in law was not for the courts to make, but Parliament:
“That is not, and cannot be, the law of England and Wales unless Parliament was to say otherwise. No matter how tragic the circumstances or situation, it was not a reason for distorting the settled law”.
Only Parliament “could properly put into place a system with appropriate safeguards and conditions, not the courts taking this on a case by case basis”, he said.
Comment
Dr Peter Saunders, CEO of the Christian Medical Fellowship, said:
“Any further removal of legal protection by creating exceptions for bringing prosecutions would encourage unscrupulous people to take liberties and would place more vulnerable people – those who are elderly, disabled, sick or depressed – under pressure to end their lives so as not impose a burden on family, carers or society.
“The current law is clear and right and does not need fixing or further weakening. On the one hand the penalties it holds in reserve act as a powerful deterrent to exploitation and abuse by those who might have an interest, financial or otherwise, in the deaths of vulnerable people.
“On the other hand the law gives judges some discretion to temper justice with mercy when sentencing in hard cases. We should not be meddling with it.”
Andrea Minichiello Williams, CEO of Christian Concern, said:
“Any legally recognised ‘right’ to die could soon turn into an obligation, with death being presented as a normal and expected ‘treatment option’ for those who are too ill or frail to take care of themselves.
“Those suffering at the end of their lives often worry about the burden they place on family members, and may feel that their lives are not worth living. These people must be treated with compassion and given the best palliative care.”
Links
Christian Medical Comment: Dr Peter Saunders
Resources
Christian Concern: End of Life