Right to Die in UK Law
M v Mrs. N (by her litigation friend, the Official Solicitor) (1ST Respondent) Bury Clinical Commissioning Group (2ND Respondent) A Care Provider (3RD Respondent)
As is clear from the above analysis this case is not concerned with a right to die. What is in focus here is Mrs. N's right to live her life at the end of her days in the way that she would have wished. For this reason, as I have already indicated, I consider that a formulaic 'balance sheet' approach to Mrs. N's best interests is artificial.
R (Pretty) v DPP
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.
(i) recognising that the right to life, especially with regard to a terminally ill or dying person, is guaranteed by the member states, in accordance with Article 2 of the European Convention on Human Rights which states that 'no one shall be deprived of his life intentionally'; (ii) recognising that a terminally ill or dying person's wish to die never constitutes any legal claim to die at the hand of another person;
Airedale NHS Trust v Bland
No one, I think, would quarrel with these deeply rooted ethical principles. But what is not always realised, and what is critical in this case, is that they are not always compatible with each other. Take, for example, the sanctity of life and the right of self-determination. We all believe in them and yet we cannot always have them both. The patient who refuses medical treatment which is necessary to save his life is exercising his right to self-determination.
A conflict between the principles of the sanctity of life and the individual's right of self-determination may therefore require a painful compromise to be made. In the case of the person who refuses an operation without which he will certainly die, one or other principle must be sacrificed. We may adopt a paternalist view, deny that his autonomy can be allowed to prevail in so extreme a case, and uphold the sanctity of life.
R (Burke) v General Medical Council
There is a very strong presumption in favour of taking all steps which will prolong life, and save in exceptional circumstances, or where the patient is dying, the best interests of the patient will normally require such steps to be taken. There is a very strong presumption in favour of taking all steps which will prolong life, and save in exceptional circumstances, or where the patient is dying, the best interests of the patient will normally require such steps to be taken.
Modern Slavery Act 2015
...... or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention. . (3) In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard ......
Land Registration Act 2002
...... . (4) In the case of an estate in land, subsection (3) does not. apply if the right to possession under the lease is discontinuous. . (5) A person may not make an application under subsection (2)(a). in respect of a leasehold ......
Finance Act 2008
...... . . (f) provision conferring rights of appeal against decisions made in allocations, the forfeiting of deposits and the imposition of penalties (including provision specifying the ......
Administration of Justice Act 1705
......entred in any Action or Suit in any Court of Record within this Realm, the Judges shall proceed and. give Judgment, according as the very Right of the Cause and Matter in Law shall appear unto them,. without regarding any Imperfection, Omission, or Defect in any Writ, Return, Plaint, ......
Physician Assisted Suicide and the United States Constitution
...... under the United States Constitution, and with the State of Washington’s statutes and common law judgments protecting the right of mentally competent, terminally ill patients to refuse medical treatment, even when such refusal would lead to death. The ......
- Rabeea Assy, Injustice in Person: The Right to Self‐Representation, Oxford: Oxford University Press, 2015, xxiii + 233 pp, hb £70.00.
- Ben Golder, Foucault and the Politics of Rights, Stanford: Stanford University Press, xi + 246 pp, cloth $85.00.
Adolescent Autonomy, Detention for Medical Treatment and Re C
...... Adolescent Autonomy, Detention for Medical Treatment and Re C Peter de Cruz* Does an adolescent suffering from anorexia have the ‘right’ to refuse life-saving treatment and have the ‘right’ to die? 1 Does she have autonomy in these circumstances – the right to grant or refuse ......
- The Right To Die Well - Dying Well Should Be A Human Right
- The Right To Die? Pressure Increases To Clarify Laws Surrounding Assisted Suicide
Life Prolonging Treatment
......The case has given added legal force to the fundamental right that it is the individual who primarily determines how he should die. The facts. The claimant, Leslie Burke, suffers from cerebellar ataxia, a ......
A Personal Brexit - Can Where You Die Undo Your Will?
...... In England your Will is usually the last word on what happens when you die. But the 1975 Act gives certain people the right to challenge a Will for not making reasonable provision for them. However, the deceased must have been 'domiciled' in England or Wales at death. So, ......