Euthanasia, Ethics, and Public Policy: An Argument against Legalisation

By John Keown | Go to book overview

AFTERWORD: THE DIANE PRETTY CASE

In late 2001, the English courts were confronted with the claim that a right to assisted suicide is guaranteed by the European Convention on Human Rights for the Protection of Human Rights and Fundamental Freedoms. The claim was made by Mrs Diane Pretty, aged 42. She was diagnosed in November 1999 with motor neurone disease, the same terminal neurodegenerative illness that afflicted Sue Rodriguez. Mrs Pretty's condition deteriorated rapidly and, though her intellect remained unimpaired, she be came paralysed from the neck down. She had only month stolive. Frightened at the prospect of a distressing death, she wanted her husband to help her commit suicide at a time of her choosing. He was willing to do so, but only if he could be sure he would not be prosecuted for assisting suicide contrary to section 2(1) of the Suicide Act 1961.

Under section 2(4) of the Act, prosecutions may be brought only with the consent of the Director of Public Prosecutions (DPP). Mrs Pretty asked the DPP to give an undertaking that he would not prosecute her husband. The DPP refused and Mrs Pretty challenged his refusal by way of judicial review. She sought an order quashing his refusal and requiring him to give the undertaking or, alternatively, a declaration that the Suicide Act was incompatible with the European Convention on Human Rights.

The Divisional Court unanimously dismissed her claim.1 It held that the DPP had no power to give the undertaking sought. It also rejected the argument that the Suicide Act was incompatible with the Convention. Mrs Pretty appealed to the House of Lords. Unanimously, the Law Lords dismissed her appeal.2 Lord Bingham, the Senior Law Lord, delivered the leading judgment with which Lords Steyn, Hope, Hobhouse and Scott agreed. Their Lordships affirmed the Divisional Court's ruling that the DPP had no power to grant the undertaking. Lord Bingham observed that

____________________
1
http://porch.ccta.gov.uk/courtser/judgements.nsf/5cbcc578c01a…/Prettyv DPPSSHD.ht (hereafter 'DC', followed by relevant paragraph number from the judgment).
2
The Queen on the Application of Mrs Diane Pretty (Appellant) v Director of Public Prosecutions (Respondent) and Secretary of State for the Home Department (Interested Party). http://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd01 …//pretty-1.ht (hereafter 'HL', followed by relevant paragraph number from judgment).

-282-

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Euthanasia, Ethics, and Public Policy: An Argument against Legalisation
Table of contents

Table of contents

  • Title Page *
  • Contents vii
  • Preface xi
  • Foreword xiii
  • Acknowledgments xv
  • Table of Cases xvi
  • Abbreviations xviii
  • Introduction 1
  • Part I - Definitions 7
  • 1 - 'Voluntary Euthanasia' 9
  • 2 - Intended V. Foreseen Life-Shortening 18
  • 3 - 'Physician-Assisted Suicide' 31
  • Part II - The Ethical Debate: Human Life, Autonomy, Legal Hypocrisy, and the Slippery Slope 37
  • 4 - The Value of Human Life 39
  • 5 - The Value of Autonomy 52
  • 6 - Legal Hypocrisy? 58
  • 7 - The Slippery Slope Arguments 70
  • Part III - The Dutch Experience: Controlling Vae? Condoning Nvae? 81
  • 8 - The Guidelines 83
  • 9 - The First Survey: the Incidence of 'Euthanasia' 91
  • 10 - Breach of the Guidelines 103
  • 11 - The Slide Towards Nvae 115
  • 12 - The Second Survey 125
  • 13 - The Dutch in Denial? 136
  • Part IV - Australia and the United States 151
  • 14 - The Northern Territory: Rotti 153
  • 15 - Oregon: the Death with Dignity Act 167
  • Part V - Expert Opinion 181
  • 16 - Expert Committees 183
  • 17 - Supreme Courts 191
  • 18 - Medical Associations 208
  • Part VI - Passive Euthanasia: Withholding/withdrawing Treatment and Tube-Feeding with Intent to Kill 215
  • 19 - The Tony Bland Case 217
  • 20 - Beyond Bland: the Bma Guidance on Withholding/withdrawing Medical Treatment 239
  • 21 - The Winterton Bill 260
  • Conclusions 273
  • Afterword: the Diane Pretty Case 282
  • Bibliography 292
  • Index 303
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