New UK court case for assisted dying: a big step forward, but more needs to follow
18 January 2017
An article in the SOLICITORS JOURNAL provides information about a new court case, started by Noel Conway and his lawyers, to look again at introducing assisted dying laws for England and Wales.
Two important ECHR judgments omitted
This good article omits any reference to a much more important case: the European Court of Human Rights (ECHR) judgement in the case of HAAS v. Switzerland, application no. 31322/07, dated 20 January 2011. In this case, initiated and supported by the Swiss non-profit members society DIGNITAS – To live with dignity – To die with dignity, the Court acknowledged: “In the light of this jurisdiction, the Court finds that the right of an individual to decide how and when to end his life, provided that said individual was in a position to make up his own mind in that respect and to take the appropriate action, was one aspect of the right to respect for private life under Article 8 of the Convention”. In this, the Court, for the first time, confirmed that people do have a right or freedom to decide on their own end of life.
Furthermore, the article does not mention another important case which is relevant in this context: ARTICO v. Italy (judgment of 13 May 1980, series A no. 37, no. 6694/74). This judgment set the base for the so-called ARTICO jurisdiction, when the Court pointed out: “The Court recalls that the Convention is intended to guarantee not rights that are theoretical or illusory but rights that are practical and effective;…”
