A legal challenge for the right to die has been launched by a terminally ill man, who claims that the 1961 Suicide Act condemns him to a death which is undignified.
Noel Conway was diagnosed with motor neurone disease two years ago and as his ability to move gradually declines, fears being “entombed” in his own body. He wants to change the current law on assisted dying in order for him to be in control of his own death. Mr Conway is not expected to survive beyond 12 months.
Conway has instructed law firm Irwin Mitchell to seek permission for a high court judicial review of the assisted suicide ban. He states it is this which prevents him from ending his life without protracted pain.
Section 2(1) of the Suicide Act (SA) 1961 prohibits assisted suicide and voluntary euthanasia is considered murder under UK law. The judicial review Conway intends to bring will be against the Ministry of Justice, seeking a declaration under the Human Rights Act 1998 that the specific provision under the SA 1961 is incompatible with his rights under the European Convention on Human Rights. If the court hears the case, the decision could establish safeguards and strict criteria for similar cases and allow terminally ill adults to make choices about ending their lives.
The claim is hoped to be heard early in 2017.
Conway is a retired lecturer who previously taught social sciences. Previously enjoying traveling, hiking and skiing, his ability to care for himself has vastly diminished meaning he is currently dependent upon a ventilator overnight in order to breathe.
Commenting on the current law, Conway expressed the lack of control it gives him over his own death.
“Current law means that I will have no control of how my life ends and I will have to endure this nightmare for as long as it takes. As someone who has always been in control of his life and taken responsibility for himself, I find this quite unacceptable. I want to change the law to allow assisted dying so that I can be in control of my own death.”
In Switzerland, Diginitas is the clinic which facilitates assisted dying for those with terminal illnesses. Although Conway had considered traveling to the clinic, the expense involved as well as the distance was meant he didn’t want to “die in a faceless clinic, away from my home and without my loved ones”.
Conway’s case is supported by the organisation, Dignity in Dying, who commented on his circumstances reflecting those of so many others in the UK. End of life rights should have choice and control and their denial is a failure of our laws.
Chief executive of the organisation, Sarah Wooton commented on the impact of failing to acknowledge the voices of the terminally ill: “Despite overwhelming public support for assisted dying, our government has failed to act and is ignoring the pleas of terminally ill people. Britain is being left behind as jurisdictions around the world implement compassionate laws allowing dying people the choice and control they deserve.”
The case will be crucial in following up the Nicklinson judgement made in 2014. The courts rejected the issue here, stating that the matter should be discussed by parliament prior to any changes being made to the law.
Parliament have now considered the matter, and this case will be the first since the Assisted Dying Bill 2015 was voted against by the House of Commons.
Also commenting on the case was Yogi Amin. The partner and head of public law at Irwin Mitchell highlighted that the UK law surrounding assisted dying does not reflect the vast developments medicine has made over the same period.
“Noel is an extremely brave and proud man who is supported by his loving family. He would like the choice to be able to die with dignity. The world has changed phenomenally in the past few decades with many medical advances, but the law on assisted dying for those who are terminally ill hasn’t changed for more than 50 years.”
