The British Humanist Association responds to the publication by the director of public prosecutions of guidance on assisted suicide.
In light of the House of Lords ruling in the Debbie Purdy case, the director of public prosecutions (DPP) has published new, interim guidance on the factors that would be taken into account when deciding whether to prosecute someone who assists suicide abroad.
Purdy, who suffers from multiple sclerosis, had sought clarification in the law as to whether her husband would be prosecuted if he accompanied her abroad to a clinic for assisted dying. In addition to ruling that the DPP must publish guidelines, the law lords also ruled that Article 8 of the European Convention on Human Rights, the right to respect for private and family life, does extend to the manner and quality of Debbie's death.
The British Humanist Association (BHA) welcomed that ruling as being exceptionally important – it is the first time that a court has accepted that convention rights are engaged. Being able to die, with dignity, in a manner of our choosing must be a human right. In the Purdy case, it has been shown that the quality of her death is undeniably linked to the quality of her life.
However, even with guidance to help those accompanying loved ones abroad for an assisted death understand whether they are likely to be prosecuted or not, that is hardly an ideal situation. The BHA lobbied to have the threat of prosecution removed altogether – those currently at risk of prosecution would be, after all, helping a terminally ill person to exercise his or her rights under Article 8.
Parliamentarians urgently need to legislate to reform the law. This complex issue, involving personal freedom, compassion, dignity and safety concerns, needs to be addressed in clear, unambiguous legislation open to public scrutiny rather than decided at the discretion of one individual – the DPP. The decision of how one dies can be just as important how one chooses to live.
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