Court rules against right to die but judge voices support

Some severely disabled people should be allowed help if they want to take their own lives, according to one of the most senior judges in Britain.

Lady Hale, deputy president of the UK's Supreme Court, said yesterday it would not be beyond the wit of lawmakers to devise a process which identified the "few" who should be allowed to have assistance.

She said the problem was ensuring that “vulnerable” people were not put under “undue pressures” to end their lives. But she said that problem was not sufficient to justify a “universal ban” on assisting suicide.

Lady Hale made her comments in a Supreme Court ruling on a right-to-die case brought by a paralysed former builder and the widow of a man who had locked-in syndrome.

Paul Lamb and Jane Nicklinson, whose 58-year-old husband Tony died nearly two years ago, wanted the court – the highest in the UK – to rule that disabled people should have the right to be helped to die with dignity.

Nine justices, including Lady Hale and Supreme Court president Lord Neuberger, were asked to decide whether a prohibition on assisted suicide – outlined in the 1961 Suicide Act – was compatible with the right to respect for private and family life enshrined in the European Convention on Human Rights.

They ruled against Mr Lamb and Ms Nicklinson, both 58, by a seven-two majority, following a hearing in London.

Road accident

But five of the nine justices concluded that the court had the “constitutional authority” to declare that a general prohibition on assisted suicide was incompatible with the human right to private and family life enshrined in the European Convention on Human Rights.

And two of those five – including Lady Hale – said they would have made such a declaration.

Mr Lamb, who comes from Bramley, Leeds, was paralysed in a road accident more than 20 years ago.

Ms Nicklinson, from Melksham, Wiltshire, said the Supreme Court analysis was a positive step and had alerted MPs to a need for change.

“I am very proud of myself,” said Mr Lamb. “I know it is going to change.”

Ms Nicklinson said: “I am disappointed that we lost. But it is a very positive step. Parliament will have to discuss this. I think Tony would be very pleased at how far we have come.”

However, the ruling was welcomed by church groups, with the Church of England saying that the judges had placed an emphasis on the need for the law to protect vulnerable individuals.

Vulnerable people

Rev Dr Brendan McCarthy, national adviser on medical ethics and health and social care policy for the Archbishops’ Council, said: “We remain convinced that the current law and the DPP guidelines for its application provide a compassionate framework within which difficult cases can be assessed, while continuing to ensure that many vulnerable individuals are given much-needed protection from coercion or abuse.

Andrea Williams, chief executive of Christian Concern, said: “This is good news for the many vulnerable people who would have been at risk if the attempt to weaken the law on euthanasia and assisted suicide had been allowed. The murder law is there to set the highest priority on the importance and value of life and to protect it.

While she said she had “ immense compassion” for Mr Lamb and Ms Nicklinson, to grant their requests would be “disproportionate to the safety of many”. – (PA)