Right to Life in UK Law

Leading Cases
  • R (Pretty) v DPP
    • House of Lords
    • 29 Noviembre 2001

    The subject of euthanasia and assisted suicide have been deeply controversial long before the adoption of the Universal Declaration of Human Rights in 1948, which was followed two years later by the European Convention on Human Rights and Freedoms (1950). But it is of great importance to note that these are ancient questions on which millions in the past have taken diametrically opposite views and still do.

    Counsel submitted that this article explicitly recognises the principle of the personal autonomy of every individual. He argues that this principle necessarily involves a guarantee as against the state of the right to choose when and how to die. None of the decisions cited in regard to article 8 assist this argument.

    Respect for a person's "private life", which is the only part of article 8(1) that is in play here, relates to the way a person lives. The way she chooses to pass the closing moments of her life is part of the act of living, and she has a right to ask that this too must be respected. In that respect Mrs Pretty has a right of self-determination. In that sense, her private life is engaged even where in the face of a terminal illness she seeks to choose death rather than life.

  • R (Jean Middleton) v HM Coroner for Western Somersetshire and Secretary of State for the Home Department
    • House of Lords
    • 11 Marzo 2004

    The European Court has also interpreted article 2 as imposing on member states a procedural obligation to initiate an effective public investigation by an independent official body into any death occurring in circumstances in which it appears that one or other of the foregoing substantive obligations has been, or may have been, violated and it appears that agents of the state are, or may be, in some way implicated.

  • Re T (an Adult) (Consent to Medical Treatment)
    • Court of Appeal (Civil Division)
    • 30 Julio 1992

    Society's interest is in upholding the concept that all human life is sacred and that it should be preserved if at all possible. But this merely shifts the problem where the conflict occurs and calls for a very careful examination of whether, and if so the way in which, the individual is exercising that right. In case of doubt, that doubt falls to be resolved in favour of the preservation of life for if the individual is to override the public interest, he must do so in clear terms.

    Doctors faced with a refusal of consent have to give very careful and detailed consideration to the patient's capacity to decide at the time when the decision was made. What matters is that the doctors should consider whether at that time he had a capacity which was commensurate with the gravity of the decision which he purported to make. The more serious the decision, the greater the capacity required.

  • R (A and Others) v Lord Saville of Newdigate; R (on the application of Widgery Soldiers) v Members of The Tribunal Sitting as The Bloody Sunday Inquiry
    • Court of Appeal (Civil Division)
    • 19 Diciembre 2001

    The degree of risk described as 'real and immediate' in Osman, as used in that case, was a very high degree of risk calling for positive action from the authorities to protect life. It was not an appropriate test to invoke in the present context. It was not an appropriate test to invoke in the present context. Such a degree of risk is well above the threshold that will engage Article 2 when the risk is attendant upon some action that an authority is contemplating putting into effect itself.

See all results
Legislation
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    • UK Non-devolved
    • 1 de Enero de 2012
  • Canada Act 1982
    • UK Non-devolved
    • 1 de Enero de 1982
    ......Guarantee of Rights and Freedoms. . SCH-B.1 . Right and freedoms in Canada 1 Right and freedoms in Canada . 1. The Canadian ... Legal Rights . Legal Rights. . SCH-B.7 . Life, liberty and security of person 7 Life, liberty and security of person . ......
  • Bermuda Constitution Order 1968
    • UK Non-devolved
    • 1 de Enero de 1968
    ....... 2. Protection of right to life. . 3. Protection from inhuman treatment. . 4. Protection from ......
  • Sentencing Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ....... (3) The offender— . (a) (a) has no right of appeal against the order of remission, but . (b) (b) has the same ... 258(1)(c) (determining risk of harm to public for purpose of required life sentence). S-32 . Disclosure of pre-sentence reports 32 Disclosure of ......
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
See all results
Forms
  • Chapter CA23783
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... HMRC previously viewed jet aircraft over a certain size to be long life assets, see CA23781. HMRC conducted a review of the industry in 2014 and ... aircraft are part of the aircraft and not entireties in their own right. Where engines or other components are acquired separately to the ......
  • Chapter PTM074000
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... PTM000001. . .  .  . . . Paying a life cover lump sum. Conditions for paying a life cover lump sum. When and to ... only following the death of a member aged 75 or older who had the right to such a payment before 6 April 2006. Conditions for paying a life cover ......
  • Chapter IHTM28385
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    .... . . The right to reimbursement is most likely to arise in connection with a guarantee ...] Ch 616 a debt, being Estate Duty payable on the death of a first life tenant that remained unpaid, was held not to be a permissible deduction ......
  • Chapter CIRD13560
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Life Assurance Companies - The I-E System. In general, the profits of life ... the right to elect to exclude software as described in CIRD25180. . . . ......
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT