Essay
Essay Human Rights
- Module
- Human Rights
- Institution
- University Of Greenwich
this essay discusses the human rights approach towards assisted suicide. includes footnotes and plenty references.
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This essay is written to critically discuss assisted suicide and the human rights approachregarding this popular topic. Assisted dying in considered an umbrella term which covers
both Assisted suicide and euthanasia. Firstly, assisted suicide is defined by the NHS1 “to be a
deliberate act of assisting another person with killing themselves.”. This differs from
euthanasia which Davis2 labels “controversial and potentially murder.”, as it is the deliberate
act of ending one’s life to relieve their suffering. The individual deciding this concludes it
voluntary, whilst it would be involuntary if another made the decision.
Assisted suicide was declared illegal under s. 2(1)(a) of the Suicide Act 19613 “the defendant
commits an act possible of either encouraging or assisting another person’s suicide/attempted
suicide.”. S. 2(1) (1c) Suicide Act 19614 proceeds to state “partaking in this offence could be
punishable for up to 14 years.”. S. 2 (1)(4) of the Suicide Act 19615 affirms “no proceedings
shall be found as an offence unless the Director of Public Prosecutions has consented to a
prosecution.”. Further down the line the assisted dying for the terminally ill bill 2004 was
introduced by Lord Joffe – creating a legal framework permitting a terminally ill patient
seeking to end their life, requiring consent from two medical practitioners. The bill was
defeated in 2006 but plans a reintroduction soon. Although, a valid point by those who
opposed the possible bill argued those vulnerable may view themselves as a burden upon
family and other figures in their life. As for current affairs, 167 cases reported between the 1st
of April 2009, up until the 31st of January 2021 were confirmed by the police to be of assisted
suicide. Out of these 167 reported cases some facts include three encouraging/assisting cases
have resulted in a conviction, 32 were withdrawn by the authority, and eight are being
referred for prosecution concerning homicide or another serous crime. The assisted dying bill
had surfaced in 2021 and is currently being assessed in the house of lords, the second reading
being in progress.
The European convention on Human Rights is an international treaty drafted by 47 states
including the United Kingdom who are all members of the Council of Europe, coming into
force in 1953. Within this treaty are 18 articles. Governments who have signed for the ECHR
and bound to a legal commitment to follow certain standards of behaviour and to protect
ordinary people’s basic rights. Since the making of the ECHR in 1951, it has protected
ordinary people from torture, killing, and slavery, also guaranteeing them the freedom of
speech, assembly, religion, privacy etc. The ECHR is considered to be a living instruments as
the rights protected develop in accordance with social norms. The European Court of Human
Rights enforces the ECHR, essentially ensuring the rights when in practice are protected. It
was found between 1951 and 2000 the ECtHR discovered numerous violations of human
rights by the UK against citizens of the UK. If the UK left the ECHR, UK citizens’ rights
would be at risk as the ECHR is one’s last resort to hold the state accountable when their
rights have been abused by it. If the ECHR protection was lost, the UK government would
attain authority to do whatever it pleases to UK citizens’ rights fearing no threat or
consequence.
1
Nhs, 'Euthanasia and assisted suicide' (NHS, 28 July 2020) <https://www.nhs.uk/conditions/euthanasia-and-
assisted-suicide/#:~:text=Assisted%20suicide%20is%20the%20act,considered%20to%20be%20assisting
%20suicide.> accessed 20 April 2023
2
H Davis, Human Rights Law Directions (5th edn, Oxford University Press 2021)
3
Suicide Act 1961, s 2 (1)(a)
4
Suicide Act 1962, s 2 (1) (1c)
5
Suicide Act 1961, s 2(1)(4)
, Upon the legalisation of the Human Rights Act, some point out contradictions between
specific articles and assisted dying. Article 3 of the European Conventions on Human
Rights6- prohibition of torture is violated by the refusal of being released from unbearable
pain that amounts to inhuman and degrading treatment because not letting those who are
already suffering to end it is torture for the person themselves, for example fi they had a
disease unable to be cured.
One highly discussed article mentioned in the debate of human rights and assisted suicide is
article 2 of the ECHR7 the right to life states “everyone’s right to life is to be protected by law
and nobody shall be deprived of their life.”. Davis8 describes “article 2 to be guidance upon
how authorities respond.”. To be able to see the relation between Article 2 and assisted
suicide, it is necessary to expand on article 2 itself. The state’s duties are divided into two
categories: negative and positive obligations. Negative obligations refrain states from using
force that is “more than absolutely necessary”, whilst positive obligations refrain states
intentionally taking a life (certain conditions are exempt), enforcing positive measures to
ensure life is protected by the law. Davis9 explains “an adequate legal system is needed to
define between criminal offences such as murder and manslaughter.”. Bubbins v United
Kingdom 200510 held Article 2 was not violated as a final warning was shouted before the
shot. Under positive obligation, prevention is an essential step to protect a life. Giuliani and
Goggio v Italy 201111 held there was no violation in Article 2 after the police shot dead a
demonstrator assumed to be attacking them with lethal intent. Osman v UK12 Article 2 was
not breached, instead Article 6 (rights to a fair trial) was pursued after being stated “the
unpredictability of human conduct and the operational choices which must be made in terms
of priorities and recourses, any such obligation had to be interpreted in a way which did not
impose an impossible or disproportionate burden on the authorities.”. Unlike in the case of
Tanrikulu v Turkey 199913 which held there was a breach of Article 2 as the authority failed
to investigate allegations of wrongdoing committed by security forces. The right to life does
not include a right to die and minimum standard of the quality of life in non-existent. Dianne
Pretty v United Kingdom 200214 wanted consent from the DPP her husband would be safe
from prosecution when assisting her death as she had a disease which would never stop
growing and Pretty was already suffering multiple difficulties, however the DPP refused. Her
appeal against the DPP’s decision was rejected by both the Division Court and the House of
Lords. She claimed some of her rights were violated, one being her right to life however the
ECHR held the right to life did not include the right to die. This case also touches upon the
margin of appreciation, which is a doctrine that allows national authority room to manoeuvre
under the concept created by the European Court of Human Rights, that the ECHR has
breached declaration within. Haas v Switzerland 201115 which held Article 2 does not require
the state to authorise a sufferer of bipolar disorder to obtain a substance to assist him in
suicide without a prescription.
6
Convention from the Protection of Human Rights and fundamental freedoms (European Convention on Human
Rights, as amended) (ECHR) Art 3
7
Convention from the Protection of Human Rights and fundamental freedoms (European Convention on Human
Rights, as amended) (ECHR) Art 2
8
H Davis, Human Rights Law Directions (5th edn, Oxford University Press 2021)
9
H Davis, Human Rights Law Directions (5th edn, Oxford University Press 2021)
10
Bubbins v United Kingdom [2005] 41 EHRR 24
11
Giuliani and Goggio v Italy [2011] ECHR 513
12
Osman v UK [1998] ECHR 101
13
Tanrikulu v Turkey [1999] ECHR 55, 23763/94
14
Dianne Pretty v Unite Kingdom [2002] ECHR 427
15
Haas v Switzerland [2011] ECHR 2422
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