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Assisted suicide under the European Convention on Human Rights: a critique
1Institute of Medicine, Law and Bioethics, University of Liverpool, UK.
European Human Rights Law Review
|June 18, 2004
Summary
Assisted suicide remains prohibited in the UK, despite a high-profile legal challenge. However, this article explores potential constitutional avenues for assisted dying in limited circumstances.
Area of Science:
- Human Rights Law
- Medical Ethics
- Constitutional Law
Background:
- The UK's prohibition on assisted suicide was challenged by Diane Pretty, a terminally ill patient.
- Her case argued that the ban violated fundamental rights under the European Convention on Human Rights.
Purpose of the Study:
- To analyze the legal implications of the Diane Pretty case regarding assisted suicide.
- To explore potential constitutional arguments for assisted dying, despite previous legal setbacks.
Main Methods:
- Legal case analysis of the Diane Pretty litigation.
- Examination of the European Convention on Human Rights and UK constitutional law.
Main Results:
- Diane Pretty's legal challenge was ultimately unsuccessful, with all courts ruling against her.
- The unanimous judicial decisions appeared to end arguments for a right to assisted death under European human rights law.
Conclusions:
- Despite the Pretty case outcome, the article posits that assisted dying may still be permissible under specific constitutional provisions.
- This suggests a potential, albeit limited, pathway for assisted dying arguments within the UK legal framework.