Donate now

Subscribe to our monthly newsletter


Email
Subscribe

Songs to Save a life - music in aid of Samaritans

Print page

Assisted suicide and the call for legal clarity

Thoughtful Talk confidentially to Samaritans any time of the day or night.

Whatever you're going through, whether it's big or small, don't bottle it up. We are here for you if you're worried about something, feel upset or confused, or just want to talk to someone.

The recent decision not to prosecute the family of young rugby player Daniel James, who chose to end his life in a euthanasia clinic in Switzerland, has placed the issue of assisted suicide under the public and legal spotlight.

The case of Daniel James

Daniel James, was left paralysed from the chest down after a tragic rugby accident in March 2007. According to The Times, he is one of the youngest Britons to have travelled to Switzerland for an assisted suicide.

Following his death, his parents were investigated by police for helping their 23-year-old son take his own life by travelling with him. However, in December 2008, director of public prosecutions, Keir Starmer QC, decided that it would not be in the "public interest" to prosecute Mark and Julie James for their role in their son's decision to take his own life.

Announcing the decision, Mr Starmer QC said: "I have given careful consideration to the Code for Crown Prosecutors. In particular, but not exclusively, I would point to the fact that Daniel, as a fiercely independent young man, was not influenced by his parents to take his own life and the evidence indicates he did so despite their imploring him not to," he commented.

Assisted suicide - helping a person to end his or her life by request in order to end suffering – is currently illegal in the UK. The 1961 Suicide Act makes it an offence to "aid, abet, counsel or procure the suicide of another", punishable by 14 years imprisonment. It is only lawful in Switzerland if it can be proven that there is no self interest in the act of assisting someone to take their own life.

Dignitas, the Swiss organisation that operates the assisted suicide clinics that Daniel James travelled to, has been the focus of much media interest in recent months. It has been widely reported that figures released from Dignitas show that 870 people, including at least 100 Britons, have travelled to Dignitas clinics for assisted suicide over the past decade.

A change in the law?

With the number of people choosing to end their lives in such circumstances, is there a move to see the law in the UK changed? In the most recent British Social Attitudes Report (2007), four out of five people in Britain said that the law should 'definitely' or 'probably' allow a doctor to end someone’s life 'at the person’s request' if they have an incurable and painful illness. Just over two out of five people (44 per cent) said the law should allow a relative to end the person’s life at their request.

Several attempts to legalise assisted suicide in Britain have so far been rejected, according to the BBC. The most recent, in 2006, was defeated in the House of Lords by 148 votes to 100. In 2008, Multiple Sclerosis sufferer, Debbie Purdy, 45, called for a review of the law that made assisted suicide an offence, to ensure her husband would not be prosecuted after her death if she were to travel abroad.

Fear of abuse

Care Not Killing, a UK-based alliance of professional bodies, charities and faith-based organisations, exists to promote better palliative care and to ensure that existing laws against euthanasia and assisted suicide are not weakened or repealed. Spokesperson, Dr Peter Saunders, issued a formal response to the death of Daniel James, outlining the potential dangers in legalising assisted suicide:

"This tragic case underlines two important principles," he said. "First, when assisted suicide is made legal, no safeguards will suffice to curb abuse and the slippery slope. It is so easy for vulnerable people to feel under pressure to request early death because they perceive themselves as emotional or financial burdens on others. Second, we need to ensure that there is better access to good care for disabled people," he commented.

Recent research into physician-assisted suicide in the US state of Oregon – where it is legal under the 1997 Death with Dignity Act – has fuelled further the fear of such a law being abused. A research paper published last October in the British Medical Journal found that one in four patients in Oregon who take their lives by physician-assisted suicide are clinically depressed.

"Although most terminally ill Oregonians who receive aid in dying do not have depressive disorders," the report concluded, "the current practice of the Death with Dignity Act may fail to protect some patients whose choices are influenced by depression from receiving a prescription for a lethal drug.” The report therefore raises concern as to how far the law is adequately protecting patients.

A call for clarity

Following the decision not to prosecute Daniel James’ parents, there has been renewed support for clearer guidelines when it comes to the prosecution of those who assist in suicide. Sarah Wootton, chief executive of Dignity in Dying, called for a full public debate on the law on assisted suicide. In a press statement, she said: "We need clarity in the law. People should be able to make an informed decision about whether they are likely to face prosecution if they accompany a loved one abroad to die."

Despite such calls, Mr Starmer believes that the Daniel James case "demonstrates that the current law is workable," the BBC reported earlier this month. He indicated that any change in law lay with Parliament, not the Crown Prosecution Service, adding: "If the law is changed it may bring greater clarity, but it's a matter of speculation as to what any change would be."

The government, however, has made it clear that there is still no intention to legalise assisted suicide. During Prime Minister’s Questions on December 10 last year, Prime Minister Gordon Brown told the House of Commons he remained opposed to legalising the practice as a "matter of conscience" to ensure that there is never a case in this country where a vulnerable person feels pressured into such circumstances.

If you are feeling suicidal or are in need of emotional support and would like to talk to someone in confidence, you can call Samaritans on 08457 909090 or 1850 609090 (ROI).