Assisted
Suicide Case Goes To Highest European Court
By Mike Wendling
CNSNews.com London Bureau Chief
March 19, 2002
London (CNSNews.com)
- Lawyers for the British government told Europe's highest court Tuesday
that a terminally ill woman has no right to assistance in committing
suicide.
Diane Pretty
and her husband Brian have brought their case before the European Court
of Human Rights (ECHR) after their arguments were rejected by the U.K.'s
top three courts.
Pretty suffers
from motor neurone disease, a degenerative ailment that affects motion
and speech. She has been lobbying for her husband to be allowed to help
her commit suicide, but the U.K. director of public prosecutions has
refused to give way, saying that Brian Pretty could be sent to jail
for up to 14 years if he assists in Mrs. Pretty's death.
In the ECHR
courtroom in Strasbourg, France Tuesday, lawyers for the British government
expressed sympathy for Pretty's plight but reaffirmed the country's
legal principals.
"In
the United Kingdom a simple and clear-cut distinction has been drawn,"
said attorney Jonathan Crow. "Domestic law simply does not allow
one person to intervene deliberately to bring about another person's
death."
Crow pointed
out that assisted suicide was illegal in several other European countries
and argued that a "right to life" as guaranteed by the European
Human Rights Convention did not imply a "right to die."
Pretty's
counsel, Philip Havers, said his client was facing a humiliating, undignified
death.
"She
wishes to avoid such a death," he said. "In English law she
would be free to do so if she were physically capable of taking her
own life. But this she cannot do because she is so disabled. In order
to avoid the suffering indignity and humiliation ... she needs some
assistance.
"Her
intellect and capacity to make decisions are unimpaired by her disease,"
Havers continued. "She is neither vulnerable nor in need of protection.
Her death is imminent and cannot be avoided."
The hearing
was completed Tuesday, and a decision is not expected for at least two
weeks. The ECHR acts, in effect, as a supreme court for rights issues
and countries are expected to change national laws according to court
rulings. There is no right to appeal.
Pretty's
condition has been deteriorating in recent months, and the court decided
to move up her case after it was appealed from the British House of
Lords.
Pretty's
case was heard by the ECHR's Grand Chamber, a 17-member judicial panel,
and the ruling will be made by majority vote.
Misrepresented
evidence
Tamora Langley,
a spokeswoman for the Voluntary Euthanasia Society (VES), said the U.K.
government misrepresented laws in other European countries when argued
in front of the House of Lords that assisted suicide was only legal
in the Netherlands.
"In
fact, we found that in most European countries, assisted suicide is
not a crime," Langley said. "Other countries have special
provisions that apply when the patient is terminally ill. The U.K. has
the harshest laws in Europe."
She said
that Europe's relatively more liberal laws may work in Pretty's favor.
The VES, which has backed Pretty throughout her legal battle, advocates
a British law that would regulate assisted suicide.
"We
know that assisted suicide goes on in this country anyway, and we would
like it to be controlled," Langley said.
She said
that while the ECHR has the power to consider larger ethical issues
than many national courts, she wasn't confident that the court would
rule in Pretty's favor.
Anti-euthanasia
activists were equally apprehensive about the case's outcome Tuesday.
Andy Berry, spokesman for Alert, said he was "really, really scared"
that the court was on the edge of a slippery slope.
"I really
hope that I don't look back on today and think that this was the day
that my right to life began to be eroded," he said.
Berry, who
is disabled, said a decision in favor of Pretty would imply that "if
you are disabled, you have just one right, the right to die."
"We
are all interdependent on everyone else," he said. "A threat
to one person is a threat to all. I'm very concerned about the decision."
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