Law of Medicine and the Individual: current issues – Lecture by Lady Justice Arden
Law of Medicine and the Individual: current issues (PDF)
Lecture by Lady Justice Arden
Justice KT Desai Memorial Lecture, October 2017
Source: www.judiciary.gov.uk
Category: assisted suicide
No right to assisted death: Conway v Secretary of State for Justice – Cloisters
‘In recent years, disabled and terminally ill applicants have brought repeated legal challenges to section 2 of the Suicide Act 1961, which makes it an offence intentionally to do an act capable of encouraging or assisting the suicide or attempted suicide of another. Anna Beale considers Conway v Secretary of State for Justice, the most recent contribution to this difficult and complex area of law.’
Cloisters, 6th October 2017
Source: www.cloisters.com
High Court rejects motor neurone sufferer’s application to overturn prohibition on assisted suicide – UK Human Rights Blog
‘This case concerns the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. See our previous post on it here and here. It follows a line of cases which have addressed that or similar issues, in particular R (Pretty) v Director of Public Prosecutions [2001] UKHL 61; [2002] 1 AC 800 (“Pretty“), R (Purdy) v Director of Public Prosecutions [2009] UKHL 54; [2010] 1 AC 345 (“Purdy“) and R (Nicklinson) v Ministry of Justice [2014] UKSC 38; [2015] AC 657(“Nicklinson“). Permission to bring this judicial review was granted by the Court of Appeal (McFarlane and Beatson LJJ, see [2017] EWCA Civ 275), having earlier been refused by the Divisional Court (Burnett LJ, Charles and Jay JJ) at [2017] EWHC 640 (Admin’
UK Human Rights Blog, 11th October 2017
Source: ukhumanrightsblog.com
“Assisted dying” and Article 8 again – Conway v S of S for Justice – Law & Religion UK
‘Mr Noel Conway, who is 67 and suffering from motor neurone disease, has lost the latest round in his bid to allow doctors to prescribe him a lethal dose of drugs when his health deteriorates further. His legal team had argued that he faced a stark and unfair choice: he could either bring about his own death while still physically able to do so, or await death with no control over how and when it came.’
Law & Religion UK, 5th October 2017
Source: www.lawandreligionuk.com
Noel Conway: Terminally ill man loses High Court challenge against the law on assisted dying – The Independent
‘A man who is terminally ill with motor neurone disease has lost his High Court challenge to fight for his right to die.
The judgment does confirm, however, that the courts do have the authority to declare current inconsistency with human rights.’
The Independent, 5th October 2017
Source: www.independent.co.uk
Right-to-die cases do not need to go to court, judge rules – Daily Telegraph
‘A judge has made a landmark ruling that legal permission will no longer be required by a court before life-supporting treatment is withdrawn from patients suffering from severely debilitating illnesses, lawyers say.’
Daily Telegraph, 21st September 2017
Source: www.telegraph.co.uk
Terminally ill man in right-to-die fight – BBC News
‘The High Court is to begin hearing the legal challenge of a terminally ill man who wants the right to die. Noel Conway, who is 67 and has motor neurone disease, wants a doctor to be allowed to prescribe a lethal dose when his health deteriorates further.’
BBC News, 17th July 2017
Source: www.bbc.co.uk
Debating the right to die – OUP Blog
‘There are so many reasons why we value and promote choice and autonomy. The country and news media quite rightly protests with outrage when bad things happen to good people as their lives and civil liberties are destroyed by acts of terrorism and grievous crimes.’
OUP Blog, 21st April 2017
Source: www.blog.oup.com
Terminally ill former lecturer wins right to fight assisted dying ban – The Guardian
‘A terminally ill former lecturer has won the right to challenge the legal ban on assisted dying in the hope that he can end his life at home surrounded by his family.
The Guardian, 12th April 2017
Source: www.guardian.co.uk
Assisted dying again: R (Conway) – Law & Religion UK
‘By 2:1, the Administrative Court has dismissed the application of Mr Noel Conway for a declaration that s 2(1) of the Suicide Act 1961 breached his human rights under Articles 8(1) and 14 ECHR.’
Law & Religion UK, 3rd April 2017
Source: www.lawandreligionuk.com
Judges once again avoid right to die issue – UK Human Rights Blog
‘Noel Douglas Conway, 67, is a victim of motor neurone disease. He has just been refused permission to seek judicial review of the criminalisation of physician-assisted suicide under the Suicide Act 1961. The High Court considered that Parliament has recently examined the issue following the Supreme Court decision in the 2014 Nicklinson case , and two out of three judges concluded that it would be “institutionally inappropriate” for a court to declare that s.2(1) of the Suicide Act was incompatible with the right to privacy and autonomy under Article 8 of the ECHR. Charles J dissented (and those who are interested in his opinion might want to look at his ruling last year in the case of a minimally conscious patient).’
UK Human Rights Blog, 2nd April 2017
Source: www.ukhumanrightsblog.com
Man terminally ill with motor neurone disease loses court bid to change law on assisted dying – Daily Telegraph
‘A man with terminal motor neurone disease says he will appeal against a High Court decision not to allow him to challenge the law on assisted dying.’
Daily Telegraph, 30th March 2017
Source: www.telegraph.co.uk
Terminally ill men to hear if assisted dying ban will be reviewed – The Guardian
‘Two terminally ill men are expecting to hear this week whether they will be granted permission for a judicial review of the ban on assisted dying which, they say, prevents them from ending their lives without protracted pain.’
The Guardian, 27th March 2017
Source: www.guardian.co.uk
Assisted suicide and the right to private life: the enduring repercussions of Nicklinson – UK Human Rights Blog
‘In the almost three years since the Supreme Court delivered its reasons in Nicklinson (in which a majority refused to issue a declaration that the blanket ban on assisted suicide in s 2(1) of the Suicide Act 1961 was incompatible with Article 8 of the European Convention on Human Rights (‘ECHR’)), similar questions of compatibility concerning analogous bans have been considered by courts in Canada, South Africa and New Zealand. Additionally, California and Colorado have introduced legislation permitting physician-assisted suicide (taking the total to six States in the US which permit physician-assisted suicide), France has introduced legislation enabling patients to request terminal sedation, and Germany’s Federal Administrative Court this month handed down judgment confirming that the right to self-determination encompasses a right of the ‘seriously and incurably ill’ to, in ‘exceptional circumstances’, access narcotics so as to suicide.’
UK Human Rights Blog, 22nd March 2017
Source: www.ukhumanrightsblog.com
Terminally ill former lecturer challenges UK ban on assisted dying – The Guardian
‘A terminally ill former lecturer has gone to court seeking permission to change the law so that he may be given assistance to die at home surrounded by his family.’
The Guardian, 21st March 2017
Source: www.guardian.co.uk
Assisted Dying: Lords Debate – Law & Religion UK
‘On 6 March 2017, the House of Lords held a short debate on assisted dying. Baroness Jay of Paddington asked Her Majesty’s Government what assessment they had made of recent legislation on assisted dying in North America; and whether those laws provide an appropriate basis for legislation in England and Wales.’
Law & Religion UK, 9th March 2017
Source: www.lawandreligionuk.com
Couple fails in Court of Appeal challenge over change to assisted dying policy – Daily Telegraph
‘Disability rights campaigners have failed in a bid to challenge the Director of Public Prosecution’s policy on assisted dying which they fear leaves vulnerable people “at risk from dodgy doctors”.’
Daily Telegraph, 17th January 2017
Source: www.telegraph.co.uk
Terminally ill man who fears becoming ‘entombed’ in his body asks judges to let him die in the first case of its kind in three years – Daily Telegraph
‘A terminally ill man who fears becoming “entombed” in his body has asked judges to let him die in the first case of its kind in three years.’
Daily Telegraph, 6th January 2017
Source: www.telegraph.co.uk
One Year Since Nicklinson v UK – What Did It Mean For Assisted Dying? – RightsInfo
‘One year ago, the European Court of Human Rights handed down its decision in a UK case on the law of assisted suicide, declaring it inadmissible for the Court’s consideration. The case was brought by Mrs Jane Nicklinson, widow of Tony Nicklinson, and Mr Paul Lamb.’
RightsInfo, 16th July 2016
Source: www.rightsinfo.org
