Assisted Dying Bill introduced to Scottish Parliament

A new Bill to legalise assisted dying has been lodged in the Scottish Parliament. Its backers include My Death, My Decision’s partners in the Assisted Dying Coalition – Humanist Society Scotland and Friends At the End – and a cross-party group of 12 MSPs. My Death, My Decision has welcomed the proposals, which it hopes will spur action in Westminster. 

The move represents the first time assisted dying has been considered in Holyrood since 2015. However, recent polling shows that 86% of Scots want the issue debated in Holyrood, and 87% support a change in the law. 

Speaking ahead of its introduction, Liam McArthur MSP, who is bringing forward the Bill, said: 

‘I have long believed that dying Scots should be able to access safe and compassionate assisted dying if they choose, rather than endure a prolonged and painful death. 

‘The current blanket ban on such assistance is unjust and causes needless suffering for so many dying people and their families across Scotland. If you have reached the limits of palliative care and face a bad death, none of the current options available to you in Scotland represents an acceptable alternative to a peaceful, dignified death at home.’ 

According to the latest research, it has been estimated that even with the best palliative care, at least 11 Scots per week still die a bad death. 

Welcoming the announcement My Death, My Decision’s Chair Trevor Moore said: 

Although we are fortunate to have some of the best palliative care in the world, palliative relief isn’t always capable of easing everyone’s suffering. For many people dying is still a slow, painful, and undignified process. This Bill is, therefore, crucial because it recognises this reality and seeks to give choice and control to those at the end of their life. 

‘We congratulate our partners in the Assisted Dying Coalition for bringing about this important step towards a change in the law. It is not right that those facing terminal or incurable conditions, such as our late patron Paul Lamb, should be forced to suffer when nearly nine in ten people favour a change in the law. We hope that Scottish lawmakers recognise the strength of public support behind these proposals and that decision-makers in Westminster are spurred into action by them. In the coming months, these proposals will be subjected to robust and thorough scrutiny via a public consultation. We urge decision-makers in Westminster to similarly examine the evidence underpinning our nation’s ban on assisted dying by launching an urgent inquiry into the law.’

Notes:

For any more information or comment please contact My Death, My Decision’s Campaigns and Communications Manager at campaigns@mydeath-mydecision.org.uk.

About My Death, My Decision

Read more about My Death, My Decision’s campaign for an inclusive change in the law: https://www.mydeath-mydecision.org.uk/

My Death, My Decision is a grassroots non-profit organisation that campaigns for a balanced and compassionate approach to assisted dying in England and Wales. As a growing movement, we are at the forefront of social change: nearly 90% of the public now favours a change in the law to allow adults of sound mind, who are either terminally ill or facing incurable suffering, the option of a peaceful, painless, and dignified death.

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Paul Lamb, resolute assisted dying campaigner, has died aged 65

Paul Lamb, the incurably suffering campaigner well-known for challenging the law prohibiting assisted dying in England and Wales, has died aged 65.  

The former builder and father of two, who was paralysed from the neck down since 1990, had previously brought two cases challenging the law on assisted dying. In 2014, alongside Jane Nicklinson – the widow of fellow right to die campaigner Tony Nicklinson – he lost a case before the Supreme Court. Although two judges, including Lady Hale, were ready to declare the law banning assisted dying incompatible with Paul’s human rights, a majority ruled that Parliament should first be given an opportunity to debate assisted dying before the courts made a definitive judgment. 

In 2019 he brought a fresh case, supported by My Death, My Decision, arguing that the current law was discriminatory and breached his human rights under Article 8 (right to a private and family life) and Article 14 (prohibition on discrimination) of the Human Rights Act. However, the Court of Appeal said there were ‘no arguable grounds’ for his case because assisted dying was ‘pre-eminently a matter for Parliament, not the courts’. 

Subsequent to this, Paul Lamb wrote to the Secretary of State for Justice calling on him to ‘turn your sympathy into action’ by holding an inquiry into the law on assisted dying. 

My Death, My Decision has been informed that Paul Lamb died on Tuesday 8 June. His cause of death is unknown. Prior to his death, it is understood that Paul Lamb had spoken of his desire to keep fighting for a change in the law. 

Speaking at the time about his legal defeat, Paul Lamb said: 

I cannot understand, in a civilised society like ours, why I should be forced to suffer when millions of people around the world already have the choice I asked for. Throughout my case, all I have been told is how sympathetic others are to my situation. But I have never wanted anyone to pity me. All I have ever wanted is for my choice to be respected and given equal validity under the law, like everyone else’s. Instead, this decision, if it is the final word on the matter, condemns me to a life of constant pain, and removes the small part of my life that I could still have some say over – how I want to die.’ 

Expressing his condolences to Paul’s family, My Death, My Decision’s Chair Trevor Moore said:

The team at My Death, My Decision send their heartfelt condolences to Paul Lamb’s family and to everyone who knew and loved him. We are honoured to have had Paul as a much-valued patron who inspired so many people to support the campaign for a compassionate law on assisted dying. He will be greatly missed.

‘Paul faced considerable challenges with unrelenting courage, despite his evident suffering. Through it all, he remained committed to achieving a law that would allow an assisted death not only to the terminally ill, but also to those suffering incurably, as Paul did. We will carry forward his legacy by campaigning with renewed vigour for the law that Paul so tirelessly sought. That is why we continue to press for a public inquiry, now long overdue.’

Speaking about his death, Paul’s carer, Francesca Hepworth said: 

Paul’s death has been a shock to us all, but I’m glad he is finally at peace. For years, Paul grappled with his condition and faced increasing pain, discomfort, and distress. But throughout it all, what scared him the most was his utter lack of control, and the prospect of his pain becoming too much to handle. I know Paul was resolute in his belief that nobody should be forced to suffer, and determined to keep fighting to change the law on assisted dying. I only regret that he now won’t be able to see such a choice realised, if the law were to change. I’m proud to have known him, and been able to call such a brave and courageous man my friend. I am going to miss him.’

Notes:

For any more information or comment please contact My Death, My Decision’s Campaigns and Communications Manager at campaigns@mydeath-mydecision.org.uk.

Read more about Paul Lamb.

About My Death, My Decision

Read more about My Death, My Decision’s campaign for an inclusive change in the law: https://www.mydeath-mydecision.org.uk/

My Death, My Decision is a grassroots non-profit organisation that campaigns for a balanced and compassionate approach to assisted dying in England and Wales. As a growing movement, we are at the forefront of social change: nearly 90% of the public now favours a change in the law to allow adults of sound mind, who are either terminally ill or facing incurable suffering, the option of a peaceful, painless, and dignified death.

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My Death, My Decision marks the death of assisted dying campaigner Noel Conway

Following the death of determined campaigner Noel Conway last week, My Death, My Decision offers condolences to his friends and family. 

In 2018, Noel, who had been suffering from Motor Neurone Disease (MND), brought a case challenging the law prohibiting assisted dying in England and Wales. The former lecturer from Shrewsbury was dependent upon a ventilator to breathe for up to 23 hours a day, and only had limited movement in his right hand, head, and neck. He argued the current law on assisted dying was an intrusion into his rights to privacy and therefore incompatible with the Human Rights Act 1998. 

However, his case was rejected by the Court of Appeal and subsequently refused permission for appeal by the Supreme Court. The courts decided that Noel’s condition meant he did not require a change in the law, because he would have already been able to hasten his death by removing his ventilator. Sadly, that is what our barbaric laws forced him to do.

In a statement Noel requested to be released upon his death, he said: 

‘When you read this I will be dead. Not because I have suffered a tragic accident or died from a long-standing or painful disease. No, it will be because I have made a conscious and deliberate effort to end my own life. I suffer from MND and was diagnosed over six years ago knowing that at some stage I would reach a point when my muscles would have deteriorated to such an extent that I could not function effectively. Over the past two months, it has become increasingly evident to me that the balance of fulfilment in life, or if you like, my quality of life, has dipped into the negative. My voice has depleted to the extent that many people cannot now tell what I say and my eyesight recently deteriorated. I am already paraplegic and I cannot use my hands or fingers but I am aware that my neck muscles are weakening as are my mouth and speech muscles. I recognise that the time has come to take the decision now to do something about this.

‘Under UK law it is perfectly legitimate to remove a ventilator from someone like me. This is not something I would have chosen but I feel that I have no alternative to ending my life without pain and suffering and without compromising others. However, my heart goes out to all those people with terminal cancers and other horrible diseases which makes their lives execrable because they can’t find any release from their terrible suffering. I have spent the last several years campaigning to have the law changed. The topic has been aired nationally and is much more prominent now than it ever was. I am glad that Parliament is continuing to discuss it and investigate possibilities of an assisted dying law in line with many other countries over the last few years. It can only be a question of time before assisted dying will be approved in the UK.’

Responding to Noel’s death, My Death, My Decision’s Chair Trevor Moore said: 

‘It is with great sadness that we hear of Noel’s death. Noel was a committed advocate for legal assisted dying, and did significant work to advance the campaign in the media, parliament, and with the public at large. Throughout his case, Noel had been clear that he viewed the prospect of ending his life by removing his ventilator, and effectively suffocating to death under sedation, as neither acceptable nor dignified. 

‘Although we are pleased Noel was able to die peacefully and on his own terms, the stark nature of his options should serve as a powerful reminder of the cruelty those who are terminally ill or incurably suffering continue to face on a daily basis. Our deepest condolences to Noel Conway’s friends and family.’ 

Notes:

For any more information or comment please contact My Death, My Decision’s Campaigns and Communications Manager at campaigns@mydeath-mydecision.org.uk.

About My Death, My Decision

Read more about My Death, My Decision’s campaign for an inclusive change in the law: https://www.mydeath-mydecision.org.uk/

My Death, My Decision is a grassroots non-profit organisation that campaigns for a balanced and compassionate approach to assisted dying in England and Wales. As a growing movement, we are at the forefront of social change: nearly 90% of the public now favours a change in the law to allow adults of sound mind, who are either terminally ill or facing incurable suffering, the option of a peaceful, painless, and dignified death.

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Assisted dying campaigner urges lawmakers not to forget the incurably suffering, as new Bill is introduced into the Lords

A new Bill that would allow doctors to prescribe lethal medication to patients with less than six months to live has been introduced in the House of Lords. My Death, My Decision, which campaigns for legal assisted dying for both those with terminal or incurable conditions, has welcomed the Bill as an important step forward but urged lawmakers not to forget the incurably suffering. 

The Bill has been introduced by Baroness Meacher, who is the Chair of Dignity in Dying. Under the prospective law, terminally ill mentally competent adults in the final six months of their life would be able to request assistance to die. Two independent doctors and a High Court judge would have to assess each request and grant it permission before assistance could be provided.

The prospective legislation would not help those with incurable medical conditions, such as Tony Nicklinson who suffered from locked-in-syndrome – despite up to 88 per cent of Britons supporting such a right, according to a 2019 poll. 

Speaking to Sky News about the Bill, Tony Nicklinson’s daughter Lauren Nicklinson said:  

‘This Bill coming forward today is really important but doesn’t go far enough. It wouldn’t help people like my dad who spent years trapped inside his own body, living a life he didn’t want to live – where he had no way out.

‘Whilst Dignity in Dying campaign for the terminally ill – which we absolutely support – we do want to see it go further and Humanists UK and My Death, My Decision are very much at the forefront of that … [Those who are incurably suffering, like Tony] aren’t being publicly represented in the same way, but they still need to be fought for … Why isn’t their right to choose and autonomy being respected? … Why was Dad allowed to die in the way he did, when he could have had a much more peaceful way out?’

My Death, My Decision’s Chair Trevor Moore said: 

‘Allowing people who are terminally ill or incurably suffering the freedom to choose how, where, and when they die is the hallmark of a compassionate society. With up to 88% of the public favouring a change in the law, half of all doctors personally backing reform, and progressive countries around the world showing that autonomy can be balanced alongside robust safeguards, now is the time for our outdated laws on assisted dying to change. 

‘As a first step towards securing that much-needed reform, we strongly welcome this Bill and the dignity, choice, and compassion it would enshrine into law for some of those with terminal illnesses. However, we urge lawmakers not to silence the voices of those who are incurably suffering, or ignore their cause as well. The suffering of people with incurable medical conditions is no less severe than those with terminal illnesses. And their choices deserve no less respect.’ 

Notes:

For any more information or comment please contact My Death, My Decision’s Campaigns and Communications Manager at campaigns@mydeath-mydecision.org.uk.

About My Death, My Decision

Read more about My Death, My Decision’s campaign for an inclusive change in the law: https://www.mydeath-mydecision.org.uk/

My Death, My Decision is a grassroots non-profit organisation that campaigns for a balanced and compassionate approach to assisted dying in England and Wales. As a growing movement, we are at the forefront of social change: nearly 90% of the public now favours a change in the law to allow adults of sound mind, who are either terminally ill or facing incurable suffering, the option of a peaceful, painless, and dignified death.

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Submissions invited: The Tony Nicklinson Memorial Prize

Title: In a society that wants legal assisted dying, who should be eligible for a right to die?

Submissions are invited for a new annual award, ‘The Tony Nicklinson Memorial Prize’ sponsored by My Death, My Decision. The prize (£500) is aimed at developing and fostering an interest in end-of-life choices and patient autonomy. This award is specifically aimed at trainees/ students (including undergraduates/ postgraduates/ doctoral candidates in medicine, allied healthcare professions, law, philosophy, and social sciences), and is in commemoration of the late right to die campaigner Tony Nicklinson. 

Deadline: Midnight, 31 May 2021

Essays should be submitted in either word or pdf format to mail@mydeath-mydecision.org.uk


Submissions must be the original work of a single author and no longer than 2,000 words (minimum 1000 words, excluding footnotes). A suggested maximum of 15 references in any respected referencing style may be used. A bibliography is not necessary. Entries must be in Arial 11pt for the text and Arial 10 for footnotes. Candidates should supply their full name, email, phone number, and word count on a covering page. 

The winning candidate will be judged by a panel of My Death, My Decision whose decision is final. All entries will be anonymised before submission to the judges. The winner will be announced on 31 June 2021, however, if there are a large number of entries this deadline may be extended. 

The winning candidate will retain copyright ownership of their paper but will grant My Death, My Decision the non-exclusive right to publish the paper, in print and electronically, in their publications and other media. You will also agree to make any pre-publication editorial modifications to the winning entry that are required for this purpose. 

About Tony Nicklinson

Tony Nicklinson was a 58-year-old father of two, who became paralysed following a sudden stroke in 2004. His condition (locked-in syndrome) left him dependent upon around the clock care for almost every aspect of his life and in a state of constant pain. Although it was expected that Tony could have lived for a significant period of time, his condition would not have improved and he became determined not to spend the rest of his life in a state of increasing misery. In 2012, he challenged the UK’s laws on assisted dying which makes it a criminal offence to help someone to die, on pain of up to 14 years in prison, even if they are suffering incurably and wish to end their lives but cannot do so because they are physically incapable. Six days after the High Court dismissed his case, Tony ended his life via his only legal means: starving himself to death. In his honour, his wife, Jane, continued Tony’s legal case through to the UK Supreme Court alongside MDMD’s patron Paul Lamb, where a majority of the UK’s highest judges ruled the law potentially breached Article 8 of the European Convention on Human Rights, but that Parliament should be given time to consider the matter before a definitive judicial ruling. 

About My Death, My Decision 

My Death, My Decision is a grassroots not-for-profit campaign group, which advocates for a change in the law to allow those who are terminally ill or incurably suffering the option of a legal, safe, and compassionate assisted death. We were founded to represent the interests of those facing constant and unbearable suffering, at a time when no other right to die organisation would, and to advocate on their behalf to secure a lasting change in the law.  We have quickly become one of the leading assisted dying organisations in England and Wales. We are advised by an expert medical group, are a founding member of the UK Assisted Dying Coalition, and at the forefront of social change: nearly 90% of the public now favours a change in the law to allow assisted dying for those who are incurably suffering or terminally ill

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Police fail to detect up to 30% of assisted deaths, new research finds

At least 3 in 10 people who travel to Switzerland for assisted deaths are unknown to the authorities, according to new research by the campaign group My Death, My Decision. Campaigners have said the findings raise serious questions about the current law’s effectiveness, and underlines the need for a fresh Parliamentary inquiry into assisted dying. 

Figures disclosed under the Freedom of Information Act show that between 2015 and 2019, a total of 156 crimes for aiding suicide were recorded by police forces across England and Wales. However, data from the Swiss assisted dying facilities Dignitas and Lifecircle, show that over the same period 225 people from England and Wales travelled to Switzerland and ended their lives – meaning at least 3 in 10 people were not recorded. 

In normal times, the UK Assisted Dying Coalition estimates that at least one Brit travels to Switzerland to end their life every week. 

The release of these figures come after Henry Marsh – one of the UK’s leading brain surgeons, bestselling authors, and patron of My Death, My Decision – has called for an urgent inquiry into assisted dying after revealing he has advanced prostate cancer. His call for an inquiry has been backed by more than 50 MPs and peers from different political parties, some of whom previously voted against changing the law.

Responding to the release of these new figures, My Death, My Decision’s Chair Trevor Moore said:  

‘These new figures show that the UK’s law banning assisted dying does not protect potentially vulnerable people, but relies upon safeguards in Switzerland instead. They raise serious questions about the current law and its potential for abuse, because the UK Government cannot protect people they don’t know exist.’ 

‘At least one person a week now travels from the UK to Switzerland to end their life. During such an emotionally fraught period, a compassionate law would allow someone’s friends and family to come to terms with the death of their loved one without the threat of prosecution hanging over them. But instead, our law necessitates a culture of secrecy and deception – resulting in those accompanying loved ones abroad often doing so without any UK oversight. Meanwhile, progressive countries around the world continue to show that a regulated system of upfront safeguards is the best way to protect everyone.’

‘It is time for Parliament to scrutinise the UK’s outdated and broken laws on assisted dying, by launching a long overdue inquiry into the law. This would enable politicians to examine ill-founded claims, hear evidence from around the globe, and reach an informed decision about changing our law.’ 

Notes:

For any more information or comment please contact My Death, My Decision’s Campaigns and Communications Manager at campaigns@mydeath-mydecision.org.uk.

Read My Death, My Decision’s research at least three in ten assisted deaths are unknown to the police. 

Methodology 

In 2019 and 2020, My Death, My Decision sent a Freedom of Information request to all 43 territorial police authorities in England and Wales. The request was for the number of recorded crimes, arrests, and individuals charged for assisting another to die under the 1961 Suicide Act between 2015 and 2019; or recorded under the Home Office’s codes for assisted suicide. The total number of recorded crimes was then compared against figures held by the Swiss organisations Dignitas and Lifecircle for the number of people in England and Wales who ended their life in Switzerland, over the same period. 

Data

36 out of 43 territorial police authorities in England and Wales responded to My Death, My Decision’s Freedom of Information Requests in 2020. 41 out of 43 police authorities responded to My Death, My Decision’s Freedom of Information Requests in 2019. Overall, the total recorded crimes between 1 January 2015 and 31 December 2019 for assisting another to end their life was 156. According to Dignitas and Lifecircle, the total number of people from England and Wales who ended their life between the same period was 225. 

3 in 10 is likely to be a conservative estimate since the number of recorded crimes from the police included assisted deaths that occurred both in the UK and abroad. Thus, the true number of people travelling to Switzerland without the police’s knowledge may be even higher. 

About My Death, My Decision

Read more about My Death, My Decision’s campaign for an inclusive change in the law: https://www.mydeath-mydecision.org.uk/

My Death, My Decision is a grassroots non-profit organisation that campaigns for a balanced and compassionate approach to assisted dying in England and Wales. As a growing movement, we are at the forefront of social change: nearly 90% of the public now favours a change in the law to allow adults of sound mind, who are either terminally ill or facing incurable suffering, the option of a peaceful, painless, and dignified death.

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50+ MPs and peers and MDMD patron Henry Marsh, after cancer diagnosis, call for assisted dying inquiry

Credit: Paul Jenkins, licenced under creative commons 2.0 (https://bit.ly/3beuuty)

Henry Marsh, a leading neurosurgeon and patron of My Death, My Decision, has called for an ‘essential’ inquiry into assisted dying.  He has been prompted by a cancer diagnosis, and been backed by a group of 56 MPs and peers who have sent a joint letter to Justice Secretary Robert Buckland, calling for an inquiry. The letter was organised by My Death, My Decision and Humanists UK. 

The MPs and peers come from the Conservatives, Labour, Liberal Democrats, SNP, Green Party, and the Crossbenchers, and include some who had previously voted against changing the law.

The letter notes the large scale BMA poll of doctors which found half of doctors personally support a change in the law, and a broad form of assisted dying inclusive of those who are incurably suffering as well as those who are close to death. Many jurisdictions, including Canada and New Zealand, have introduced, or are considering assisted dying legislation. 

Speaking about his diagnosis, Henry Marsh said: 

‘Having spent a lifetime operating on people with cancer, the prospect of dying slowly from it myself fills me with dread. Despite the best efforts of palliative medicine, I know that dying from cancer can still be a very horrible business – for both patient and family, despite what the opponents of assisted dying claim.’

‘I fiercely believe that if people in my situation knew they had the ability to choose how, when, and where they would die, it would greatly reduce their suffering. Knowing that I had this choice, if life became unbearable, would certainly give me much greater confidence now in facing whatever the future might hold for me. But as the law stands, I am not allowed this comfort, and the law insists instead that I must suffer. Many politicians have shown a striking lack of compassion by ducking this issue for too long, and are inadvertently guilty of great cruelty. Irrespective of your view on assisted dying, I would hope everyone could agree that our laws should be based on evidence and informed decisions, not alarmist, unfounded opposition that flies in the face of all the evidence from countries where assisted dying has been legalised. It’s time for all MPs to start taking this issue seriously and I urgently call upon them to undertake an inquiry into the law.’

My Death, My Decision’s Chair Trevor Moore commented: 

‘Henry Marsh is a strong and vocal supporter of MDMD’s campaign. I am deeply sorry to hear of his illness and the difficult decisions he now faces which are made harder by the cruel UK law that denies him the option of a compassionate assisted death. An inquiry is essential to allow evidence to be gathered from all sides of the debate.’

‘The letter Dr Marsh has helped bring about is incredibly significant as it demonstrates the growing sentiment among parliamentarians for considering a broad assisted dying law which will apply to those who are incurably suffering as well as those who are terminally ill. The government has already recognised the weaknesses associated with time-limited definitions of “terminal illness” in relation to benefit claimants. The focus now needs to move beyond the narrower version of assisted dying which is limited to those with a life expectancy of six months or less. More and more people are realising the limitations of that approach. Instead, the UK should carefully examine the growing evidence of the broader, more compassionate approach, adopted by Canada and other countries.’

Notes:

For any more information or comment please contact My Death, My Decision’s Campaigns and Communications Manager at campaigns@mydeath-mydecision.org.uk

Read Humanists UK’s and My Death, My Decision’s open letter. 

About Henry Marsh

Henry Marsh, 71, has been diagnosed with prostate cancer and an advanced PSA score typically associated with stage 3 and 4 cancer. The typical mortality rate for those in this situation is between one and five years.

Joint Parliamentary Letter

The letter has been signed by 56 MPs and peers, including the two co-chairs of the All Party-Parliamentary Humanist Group Crispin Blunt MP and Baroness Bakewell, as well as Aaron Bell MP, Lord Haworth, Lord Aberdare, Lord Dubs, Lord Turnbull, Andy Slaughter MP, Baroness Mallalieu, Baroness Taylor, Lord Young of Norwood Green, Beth Winter MP, Caroline Lucas MP, Christine Jardine MP, Chris Law MP, Clive Betts MP, Clive Lewis MP, Lord Soley, Lord Low of Dalston, Lord Lipsey, Lord Stevenson of Coddenham, Baroness Warwick of Undercliffe, Duncan Baker MP, Baroness Murphy, Lord Judd, George Howarth MP, Huw Merriman MP, Baroness Whitaker, Baroness Jones of Moulsecoomb, Baroness Tonge, Lord Purvis of Tweed, Lord Maxton, the Earl of Sandwich, the Duke of Somerset, Lord Barker of Dorking, Kevin Hollinrake MP, Baroness Burt, Margaret Hodge MP, Lord Rees, Viscount Ridley, Lord Desai, Lord Dobbs, Baroness Bennett of Manor Castle, Lord Dholakia, the Earl of Clancarty, Lord Warner, Rachel Hopkins MP, Baroness Lister, Baroness Brinton, Baroness Greengross, Baroness Hamwee, Steve McCabe MP, Lord Elder, Tommy Sheppard MP, Tracey Crouch MP, and Lord Davies of Stamford.

Read more about My Death, My Decision’s campaign for an inclusive change in the law: https://www.mydeath-mydecision.org.uk/

My Death, My Decision is a grassroots non-profit organisation that campaigns for a balanced and compassionate approach to assisted dying in England and Wales. As a growing movement, we are at the forefront of social change: nearly 90% of the public now favours a change in the law to allow adults of sound mind, who are either terminally ill or facing incurable suffering, the option of a peaceful, painless, and dignified death.

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Spain legalises assisted dying

Spain is now the fourth European country to adopt an assisted dying law that permits a medically assisted death to those who are terminally ill or incurably suffering, after Switzerland, Netherlands, Belgium and Luxembourg. The Spanish parliament passed the bill on 18th March 2021 with 202 votes in favour, 141 against and two abstentions. Like the UK, Spain has strong public support for the change.

To be eligible under the new law someone must ‘suffer a serious or incurable disease or a serious or chronic condition,’ which causes them ‘intolerable suffering.’ The drugs used to cause the assisted death can be administered either by the patient themselves or by their doctor. This is in line with legislation in Canada, Netherlands, and Belgium.

There are strong safeguards built into the legislation. The process is initiated by a written request by the patient, expressing their clear wish to end their life. The patient must be a Spanish national or a legal resident and must be ‘fully aware and conscious’ when making the request. The request must be re-submitted 15 days later. The patient must have been supplied with information about their medical condition and the alternatives that are available to them. 

Once the second request has been made, the application is passed to a regional commission. They will appoint two professionals who have no connection with the case to review the application. On the basis of their conclusions, the commission will then approve or reject the case. The decision must be reached within 19 days. The overall process could therefore take over a month. The regional commissions will consist of at least seven people, including medical, legal and nursing experts. 

The patient may change their mind at any time. Once authorisation is granted, the patient can delay their assisted death as long as they want.

MDMD’s Lead Campaign Commentator, Phil Cheatle commented:

‘The Spanish Assisted Dying law brings the option of a peaceful assisted death to another 47 million people. The Spanish law applies to those who are incurably suffering, regardless of their life expectancy. MDMD welcomes this as it will apply to many people whose long term incurable suffering would be ignored by a more restrictive law, like that in Oregon, which limits an assisted death to those with a life expectancy of six months or less.’

‘Simply knowing that they have the option of an assisted death if they need it will enable many to have a better death, even if they find they don’t need to take up the option. Knowing that the option is there will enable others to delay their assisted death as long as they wish, as opposed to travelling to Switzerland for a medically assisted death, or ending their life themselves while they still can.’

‘In the UK we urgently need an inquiry into how to make the UK law more compassionate. MPs need to look carefully at the example of countries like Spain and Canada.’

Notes:

For any more information or comment please contact My Death, My Decision’s Campaigns and Communications Manager at campaigns@mydeath-mydecision.org.uk

Read more about My Death, My Decision’s campaign for an inclusive change in the law: https://www.mydeath-mydecision.org.uk/

My Death, My Decision is a grassroots non-profit organisation that campaigns for a balanced and compassionate approach to assisted dying in England and Wales. As a growing movement, we are at the forefront of social change: nearly 90% of the public now favours a change in the law to allow adults of sound mind, who are either terminally ill or facing incurable suffering, the option of a peaceful, painless, and dignified death.

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Human Rights Act review must not undermine fundamental freedoms, warns My Death, My Decision

My Death, My Decision has counselled against proposals to water down the Human Rights Act 1998, in response to a consultation from a review panel set up by the Government. 

In its submission to the Independent Human Rights Act Review, My Death, My Decision highlighted that among the Act’s many achievements, human rights were pivotal to the ‘creation of clear and prospective prosecution guidelines on assisted dying’.

Drawing on the example of Nicklinson – where a majority of the UK’s top judges said the UK’s law on assisted dying interfered with human rights, but then stopped short of formally declaring the law incompatible, to give Parliament an opportunity to change it first – My Death, My Decision also challenged suggestions that the courts should provisionally flag up more human rights abuses for Parliament to solve, rather than addressing them themselves. 

Trevor Moore, Chair of My Death, My Decision who want to change the UK’s laws on assisted dying said: 

‘Whilst it isn’t perfect, the Human Rights Act 1998 is essential because it provides a means of challenging unjust behaviour, and holding those in power to account. In the case of assisted dying, the Act has been instrumental in enabling those who are terminally ill and incurably suffering to fight for a right to die, and push the UK towards a fairer and more compassionate law.’ 

Notes:

For any more information or comment please contact My Death, My Decision’s Campaigns and Communications Manager at campaigns@mydeath-mydecision.org.uk.

Read My Death, My Decision’s response to the Independent Human Rights Act Review: https://www.mydeath-mydecision.org.uk/wp-content/uploads/2021/04/Independent-Human-Rights-Act-Review-1.pdf 

My Death, My Decision is a grassroots non-profit organisation that campaigns for a balanced and compassionate approach to assisted dying in England and Wales. As a growing movement, we are at the forefront of social change: nearly 90% of the public now favours a change in the law to allow adults of sound mind, who are either terminally ill or facing incurable suffering, the option of a peaceful, painless, and dignified death.

Read more about My Death, My Decision’s campaign for an inclusive change in the law: https://www.mydeath-mydecision.org.uk/

 

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My Death, My Decision responds to Republic of Ireland’s Death with Dignity Bill consultation

My Death, My Decision has informed Irish lawmakers it strongly supports proposals to legalise assisted dying for the incurably suffering in Ireland. In response to a consultation on the Death with Dignity Bill – which if passed, will enable Northern Irish citizens to access an assisted death by travelling to the Republic – MDMD said it welcomed the Bill’s forward-thinking principles and inclusive eligibility criteria. 

Under the proposed legislation, doctors would be able to help both Northern Irish and Republic of Ireland citizens suffering from ‘an incurable and progressive condition which cannot be reversed by treatment’ end their lives, provided a request is made freely and without coercion. Importantly, the eligibility criteria do not include a requirement that the applicant has six or fewer months left to live. This reflects a growing international movement away from laws based on the ‘life expectancy’ model.

 In its response to the consultation, MDMD – responding on behalf of its members and supporters in Northern Ireland – praised the Bill’s framework for striking ‘a sensible balance between respecting the wishes of those who are terminally ill (and incurably suffering), and ensuring a robust system of safeguards’. Further cautioning that narrower the eligibility criteria could ‘prove arbitrary and unworkable in practice’, risk putting Ireland out-of-step with international best practice, and discriminating against those with incurable and intolerable conditions such as Paul Lamb

My Death, My Decision’s Chair Trevor Moore said: 

‘Advances in modern medicine mean it is now possible to extend the length of someone’s life further than ever before. But unfortunately, many more people are also suffering unnecessarily for longer before they die. For hundreds of people like Tony Nicklinson or Paul Lamb, bans on assisted dying are therefore tantamount to sentences of unyielding and inhumane suffering.’ 

‘By choosing to confront this injustice and square up to its consequences, Ireland has set an example we urge British lawmakers to heed. At the core of Ireland’s prospective law, there is a simple principle: people who suffer in the same way and seek the same degree of choice over when to end their life deserve the same dignity and respect as those with six or fewer months left to live. We strongly commend this progressive principle, and call on everyone who believes in reason, compassion, and empathy to support this bill.’

Notes:

For any more information or comment please contact My Death, My Decision’s Campaigns and Communications Manager at campaigns@mydeath-mydecision.org.uk.

Read My Death, My Decision’s full response to the House of the Oireachtas, Committee on Justice: Death with Dignity Bill 2020 consultation: https://www.mydeath-mydecision.org.uk/wp-content/uploads/2021/04/The-Committee-on-Justice_-Death-with-Dignity-Bill-2020.-1.pdf

My Death, My Decision is a grassroots non-profit organisation that campaigns for a balanced and compassionate approach to assisted dying in England and Wales. As a growing movement, we are at the forefront of social change: nearly 90% of the public now favours a change in the law to allow adults of sound mind, who are either terminally ill or facing incurable suffering, the option of a peaceful, painless, and dignified death.

Read more about My Death, My Decision’s campaign for an inclusive change in the law: https://www.mydeath-mydecision.org.uk/

 

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