The High Court has been told that the 1961 Suicide Act is in breach of human rights.
Aimed to challenge the current law on assisted dying, Richard Gordon QC stated that there would always be an element of risk present during end of life medical decision making.
The case centres on Noel Conway, a sufferer of motor neurone disease who is largely reliant on a non-invasive ventilation device. Stating that his condition leaves him feeling “entombed”, Conway has been fighting for the right to gain medical assistance to end his life in an ongoing legal battle.
Section two of the Suicide Act makes it a criminal offence to encourage or assist another individual to kill themselves; it is this section which has been deemed to be incompatible with the European Convention on Human Rights, which establishes a right to respect for private life and personal autonomy.
During the hearing, Gordon argued that an option should be made available for those in Gordon’s position, enabling them to end their life legally in the UK. He stated that for those with a terminal illness who have less than half a year to live, they should be allowed medical assistance to carry out their wishes to die, provided that their decision is voluntary, clear and settled.
At present, this is not an option for those in the UK, with British citizens having to travel to the Dignitas clinic in Switzerland to lawfully end their lives with medical assistance.
Gordon told the court that Conway’s cause was about the law being in breach of human rights as opposed to morality.
Hearing the week-long case are judges Lord Justice Sales, Mrs Justice Whipple and Mr Justice Graham; the hearing continues.
Campaigners opposing Conway’s legal challenge argue that a judgement to allow assisted dying could be fatal for vulnerable terminally ill individuals. Co-founder of Not Dead Yet UK, Phil Friend stated: “A change in the law is a terrifying prospect to the vast majority of disabled and terminally ill people who work hard towards achieving equality for all.
“Until we have reached that objective, assisted suicide will remain a dangerous and prejudiced option, likely to increase suffering and distress.”
