Ann Stanyer
- Consultant
- Private Client
The main aim of the Terminally Ill Adults (End of Life) Bill is to allow adults aged 18 and over, who have mental capacity and are terminally ill in the final six months of their life, to request assistance from a doctor to end their life.
The applicant must be resident in either England or Wales. Two doctors must assess each request, at least seven days apart, to ensure that the person meets the eligibility criteria. The eligibility criteria include that the person has a “clear, settled and informed wish to end their own life” and that they have reached this decision voluntarily, without coercion or pressure. Both doctors must state, independently of one another, that the eligibility criteria have been met. The person may then apply to a High Court Judge to approve the application.
At present, the Bill is at the Committee stage in the House of Commons and at least 150 amendments have been tabled. It is known, for example, that the legal profession have indicated that the involvement of a High Court Judge would significantly increase the workload of an already stretched Court system and for that reason the involvement of such a Judge should not be a requirement of this application.
The current Bill has arisen from various Court challenges to the existing law brought by those suffering from terminal illnesses or catastrophic injury. The argument put has been that the current law violates their human rights as protected by the European Convention on Human Rights.
One of the concerns raised by those opposed to this Bill is that by opening the door to assisted dying by limiting the right to end one’s life to such a small group of people (those with only six months to live), we are on a “slippery slope” to expanding the right at a future date. There are powerful arguments on both sides and we will keep an eye on the progress of the Bill through Parliament.
If you would like to discuss any of the above, please do not hesitate to contact a member of the Private Client team.
This article is for general information only and does not seek to give legal advice or to be an exhaustive statement of the law. Specific advice should always be sought for individual cases.
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