Assisted Dying Legalisation in England and Wales
Britain's House of Commons voted to legalise assisted dying, marking a significant social shift. Proponents view it as a compassionate choice for those suffering, while opponents fear it could pressure vulnerable individuals.
- 75% public support per UK National Centre for Social Research survey.
Controversy Surrounding the Move
The sensitive nature of assisted dying involves ethical and philosophical questions. UK courts and governments have left the decision to parliament. Notably, the current legislation is a private member's bill supported by key political figures, though opposed by six Cabinet Ministers.
Current Law
- Suicide is not a criminal offense, but assisting suicide is punishable by a 14-year sentence under the 1961 Assistive Suicide Act.
Proposed Law
Targets terminally ill, mentally competent adults with less than six months to live, requiring approval from two doctors and a High Court judge.
Petitioners' Prayers
- Since 2001, disabled applicants have argued against the 1961 law's compatibility with the European Convention on Human Rights (ECHR).
- Cited rights include self-determination, alleviation of suffering, privacy, freedom of conscience, and non-discrimination.
Court Rulings
In 2014, the Supreme Court found the 1961 law incompatible with the rights of non-terminally ill petitioners but left changes to parliament. The European Court of Human Rights supported this stance.
International Status
- The crown dependencies of Jersey and the Isle of Man are nearing legislative enactment for assisted dying.
- Examples of countries with similar laws include Switzerland, Oregon (USA), Canada, the Netherlands, Belgium, Spain, and Germany.
Position in India
In Common Cause vs. Union of India (2018), the Supreme Court recognised the right to die with dignity under Article 21, legalising passive euthanasia and setting guidelines for its implementation.
- Guidelines involve living wills and judicial oversight, recently simplified by a Constitution Bench.
- New draft guidelines by the Health Ministry aim to fill regulatory gaps in healthcare practice.
