End of life decisions may raise questions about assisted suicide. The European Court of Human Rights has held that Switzerland is in breach of the European Convention on Human Rights, as it does not provide sufficient guidelines clarifying when a patient is entitled to ask for, and receive, a lethal prescription.
Doctors refused to provide a lethal prescription to a lady suffering a serious but not immediately life-threatening condition. The court accepted that it is for each state to address the "difficulties in finding the necessary political consensus on such controversial questions with a profound ethical and moral impact?".
The court held, however, that such difficulties are inherent in any democratic process and do not absolve state authorities from fulfilling their task. It is for each state to decide whether a lethal prescription may be supplied to a patient. If such prescriptions are available there must be guidelines to ensure clarity of the patient's rights. In failing to provide that clarity, Switzerland was in violation of Article 8 of the Convention. The court's decision was issued on 14th May 2013 and can be read in full by clicking on the following link.
This decision can be interpreted as establishing that, at least in serious circumstances, there must be consistency in the circumstances in which particular treatments will be made available.
The law in Britain on assisted suicide is quite different. While suicide is not a crime, assisting someone else to commit suicide is. Therefore it would be a crime for a doctor to give a patient a lethal prescription to enable the patient to commit suicide. However, patients in Britain may decline treatment, even if the result is fatal.
Patients can also define in advance what treatments they would accept in future and in what circumstances. They can make firm decisions, or record their wishes for guidance to family, carers, professionals and others. In addition, they can empower others to make decisions on their behalf, in the event of their own incapacity.
It is important to take specially tailored advice in any of these matters. Get in touch with our experienced team for more information and guidance.
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