Right-to-die campaigners lose battle

Written By Unknown on Rabu, 31 Juli 2013 | 16.51

31 July 2013 Last updated at 05:46 ET

The family of late locked-in syndrome sufferer Tony Nicklinson and paralysed road accident victim Paul Lamb have lost their right-to-die challenges.

The Court of Appeal upheld a High Court judgement in the case of the late Mr Nicklinson, ruling he did not have the right to ask a doctor to end his life.

His widow, Jane, said she planned to appeal to the Supreme Court.

Mr Lamb has said he wanted the law changed so he could kill himself with a doctor's help.

However, a third paralysed man, known only as Martin, won his challenge for clearer guidance from the Director of Public Prosecutions (DPP) for carers or health professionals assisting those wishing to end their life.

He wants it to be lawful for a doctor or nurse to help him travel abroad to die with the help of a suicide organisation in Switzerland.

His wife and other family did not want to be involved in his suicide, his lawyer Richard Stein said.

'Step forward'

Jane Nicklinson told the BBC she was "very, very disappointed" by the ruling, but "not totally surprised".

"They are not going to get rid of us that easily," she said, as she explained she would be seeking permission to appeal to the Supreme Court.

She added that it was a very complicated legal matter.

"Although we lost, the legal team are quite pleased with the outcome - the appeal judges actually upheld a couple of points which the High Court rejected, which is a step forward."

Mr Nicklinson died naturally at his home in Wiltshire last year.

The decision centred on whether the High Court was right in originally ruling that Parliament, not judges should decide whether the law on assisted dying should change.

Dr Andrew Fergusson, of the Care not Killing campaign group, welcomed the ruling, saying: "All three judges were very clear on legal, and I think ethical, grounds as well, that the law, if it's to be changed, must be changed by parliament alone. The courts cannot do it."

Geoffrey Robertson QC said: "The judges feel very sympathetic to people who are dying and want to speed their end - as everyone would.

"Judges, much as they would like to, can't make the law conform with humanity if the law is clear and parliament hasn't acted."


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