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Assisted suicide and human rights.
Michael Doherty1, Victoria Yeates
1University of Glamorgen, UK.
The Law Teacher
|May 29, 2004
Summary
The House of Lords addressed assisted suicide for the terminally ill, applying the European Convention on Human Rights. A conservative stance was adopted regarding human rights law and judicial oversight of Crown Law Officers.
Area of Science:
- Medical Law
- Human Rights Law
- Criminal Law
Background:
- The case R (Pretty) v. Director of Public Prosecutions involved the application of the European Convention on Human Rights.
- It specifically addressed the complex issues surrounding assisted suicide for terminally ill patients.
Purpose of the Study:
- To analyze the House of Lords' commentary on assisted suicide and human rights.
- To examine the judicial approach to the Law Officers of the Crown.
Main Methods:
- Legal case analysis of R (Pretty v. Director of Public Prosecutions.
- Review of the House of Lords' decision and reasoning.
- Examination of the European Convention on Human Rights' application.
Main Results:
- The House of Lords adopted a conservative approach to assisted suicide for the terminally ill.
- The ruling also reflected a cautious stance on judicial control over the Law Officers of the Crown.
Conclusions:
- The decision highlights the limited scope for judicial intervention in assisted suicide cases under the ECHR.
- It underscores a traditional interpretation of legal boundaries concerning the Crown's legal advisors.