Euthanasia in the United Kingdom
Encyclopedia
Euthanasia
is illegal in all countries of the United Kingdom
. However, as a devolved matter to the Scottish parliament
, it is possible that at some point in the future different laws on euthanasia could apply within the UK.
In 1935, Lord Moynihan and Dr. Killick Millard
founded the British Voluntary Euthanasia Society (later known as EXIT and now as Dignity in Dying) which created A Guide To Self Deliverance which gave guidelines on how a person should commit suicide. This publication caused a controversy because of the Suicide Act of 1961 which states that the legal system can allow up to 14 years in prison for anyone that assists in a suicide. Therefore, it was unclear whether the Society could be held accountable for assisting in suicide because of its publication
.
Later on, the Scottish branch broke off from its original society in order to publish How to Die with Dignity which “was the first publication of its kind in the world.” More recently, however, the Scottish organization has been urging Great Britain
to change its laws to allow those that are terminally ill to be able to have the choice to end their lives.
view is that “physician assisted suicide is incompatible with the Christian
faith and should not be permitted by civil law.”
, people may make an advance directive or appoint a proxy under the Mental Capacity Act 2005
. This is only for an advanced refusal of treatment for when the person lacks mental capacity and must be considered to be valid and applicable by the medical staff concerned.
makes it illegal to “aid, abet, counsel or procure the suicide of another” and sets a maximum prison sentence of 14 years. Although it is illegal to assist a patient in committing suicide, many doctors still assist their patients with their wishes by withholding treatment and reducing pain, “according to a 2006 article in the Guardian”. This, however, is only done when the doctors feel that “’death is a few days away and after consulting patients, relatives or other doctors”.
In addition, 92 Britons who have gone abroad (often to Dignitas
in Switzerland) for an assisted suicide. No family member has been prosecuted for helping them although some have been charged and have had to wait before hearing the charges have been dropped. Because of the inconsistencies between the law and prosecution Debbie Purdy
launched a case to clarify whether or not her husband would risk being prosecuted if he helped her travel to a Dignitas
clinic in Switzerland to die. Purdy's case ended on the 30th August 2009 with the decision that the Director of Public Prosecutions
had to clarify how the Suicide Act 1961 is to be enforced in England and Wales.
The first attempt to reform the law in England was in 1936 by Lord Arthur Ponsonby and supported by the Euthanasia Socety. In 1969, a Bill was introduced into the House of Lords by Lord Raglan. In 1970, the House of Commons debated the issue. Baroness Wootton introduced a Bill to the Lords in 1976 on the matter of “passive euthanasia”.
Between 2003 and 2006 Lord Joffe
made four attempts to introduce bills that would have legalized assisted suicide and voluntary euthanasia - all were rejected by Parliament.
might consitute murder
, culpable homicide
or no offence depending on the nature of the assistance. The Member's Bill proposed by MSP Margo MacDonald
, was rejected by a majority of members of the public who choose to give comment on the issue to the Scottish Parliament
subsequently, a majority of MSP's including the first minister Alex Salmond
voted against the bill, defeating it in its first stage.
launched an enquiry in 2006 into critical care
in foetal and neonatal medicine, looking at the ethical, social and legal issues which may arise when making decisions surrounding treating extremely premature babies
.
In addition, the following organizations advocate assisted dying or euthanasia:
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
is illegal in all countries of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. However, as a devolved matter to the Scottish parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
, it is possible that at some point in the future different laws on euthanasia could apply within the UK.
In 1935, Lord Moynihan and Dr. Killick Millard
Killick Millard
Charles Killick Millard was a British doctor who in 1935 founded the Voluntary Euthanasia Legalisation Society, a movement that campaigned for the legalisation of euthanasia in Great Britain.- External links:*...
founded the British Voluntary Euthanasia Society (later known as EXIT and now as Dignity in Dying) which created A Guide To Self Deliverance which gave guidelines on how a person should commit suicide. This publication caused a controversy because of the Suicide Act of 1961 which states that the legal system can allow up to 14 years in prison for anyone that assists in a suicide. Therefore, it was unclear whether the Society could be held accountable for assisting in suicide because of its publication
Publication
To publish is to make content available to the public. While specific use of the term may vary among countries, it is usually applied to text, images, or other audio-visual content on any medium, including paper or electronic publishing forms such as websites, e-books, Compact Discs and MP3s...
.
Later on, the Scottish branch broke off from its original society in order to publish How to Die with Dignity which “was the first publication of its kind in the world.” More recently, however, the Scottish organization has been urging Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
to change its laws to allow those that are terminally ill to be able to have the choice to end their lives.
Even though polling in Great Britain reveals that “80% of British citizens and 64% of Britain’s general practitioners” are in favour of euthanasia being legalised, Parliament has refused to pass any laws of the issue. In 1997, the British Parliament voted 234-89 to defeat the seventh attempt to legalize the act. The Church of England
“’The question for politicians in Britain today is why do you force your citizens, people in the most terrible circumstances who are determined to end their suffering in a way of their own choosing, to leave their country and travel to Switzerland to exercise their free will.’”
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
view is that “physician assisted suicide is incompatible with the Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
faith and should not be permitted by civil law.”
Advance directive
In England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, people may make an advance directive or appoint a proxy under the Mental Capacity Act 2005
Mental Capacity Act 2005
The Mental Capacity Act 2005 is an Act of the Parliament of the United Kingdom. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves....
. This is only for an advanced refusal of treatment for when the person lacks mental capacity and must be considered to be valid and applicable by the medical staff concerned.
England and Wales
The Suicide Act 1961Suicide Act 1961
The Suicide Act 1961 is an Act of the Parliament of the United Kingdom. It decriminalised the act of suicide so that those who failed in the attempt would no longer be prosecuted....
makes it illegal to “aid, abet, counsel or procure the suicide of another” and sets a maximum prison sentence of 14 years. Although it is illegal to assist a patient in committing suicide, many doctors still assist their patients with their wishes by withholding treatment and reducing pain, “according to a 2006 article in the Guardian”. This, however, is only done when the doctors feel that “’death is a few days away and after consulting patients, relatives or other doctors”.
In addition, 92 Britons who have gone abroad (often to Dignitas
Dignitas
Dignitas is a Latin word referring to a unique, intangible and culturally subjective social concept in the ancient Roman mindset. The word does not have a direct translation in English. Some interpretations include "dignity", which is a derivation from "dignitas", and "prestige" or "charisma"...
in Switzerland) for an assisted suicide. No family member has been prosecuted for helping them although some have been charged and have had to wait before hearing the charges have been dropped. Because of the inconsistencies between the law and prosecution Debbie Purdy
Debbie Purdy
Debbie Purdy is a British political activist from Bradford, West Yorkshire, with multiple sclerosis, notable for her challenge to the law in England and Wales as relates to assisted suicide. On 20 September 2009, it was announced that guidelines on assisted suicide law will be published by the UK...
launched a case to clarify whether or not her husband would risk being prosecuted if he helped her travel to a Dignitas
Dignitas
Dignitas is a Latin word referring to a unique, intangible and culturally subjective social concept in the ancient Roman mindset. The word does not have a direct translation in English. Some interpretations include "dignity", which is a derivation from "dignitas", and "prestige" or "charisma"...
clinic in Switzerland to die. Purdy's case ended on the 30th August 2009 with the decision that the Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
had to clarify how the Suicide Act 1961 is to be enforced in England and Wales.
Attempts at reform
There have been various attempts to introduce legislation to change the legal situation regarding assisted suicide in the United Kingdom.The first attempt to reform the law in England was in 1936 by Lord Arthur Ponsonby and supported by the Euthanasia Socety. In 1969, a Bill was introduced into the House of Lords by Lord Raglan. In 1970, the House of Commons debated the issue. Baroness Wootton introduced a Bill to the Lords in 1976 on the matter of “passive euthanasia”.
Between 2003 and 2006 Lord Joffe
Joel Joffe, Baron Joffe
Joel Goodman Joffe, Baron Joffe CBE is a Labour peer in the House of Lords.Born in South Africa, he was educated at the University of Witwatersrand , and worked as a human rights lawyer 1958-65, including at the infamous 1963-4 Rivonia Trial, representing Nelson Mandela...
made four attempts to introduce bills that would have legalized assisted suicide and voluntary euthanasia - all were rejected by Parliament.
Scotland
Assisted dying in Scots lawScots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
might consitute murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, culpable homicide
Culpable homicide
Culpable homicide is a specific offence in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence...
or no offence depending on the nature of the assistance. The Member's Bill proposed by MSP Margo MacDonald
Margo MacDonald
Margo MacDonald MSP is a Scottish politician and former Scottish National Party MP and Deputy Leader...
, was rejected by a majority of members of the public who choose to give comment on the issue to the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
subsequently, a majority of MSP's including the first minister Alex Salmond
Alex Salmond
Alexander Elliot Anderson "Alex" Salmond MSP is a Scottish politician and current First Minister of Scotland. He became Scotland's fourth First Minister in May 2007. He is the Leader of the Scottish National Party , having served as Member of the Scottish Parliament for Gordon...
voted against the bill, defeating it in its first stage.
Child euthanasia
The Nuffield Council on BioethicsNuffield Council on Bioethics
The Nuffield Council on Bioethics is a UK-based independent charitable body, which examines and reports on ethical issues raised by new advances in biological and medical research...
launched an enquiry in 2006 into critical care
Intensive care medicine
Intensive-care medicine or critical-care medicine is a branch of medicine concerned with the diagnosis and management of life threatening conditions requiring sophisticated organ support and invasive monitoring.- Overview :...
in foetal and neonatal medicine, looking at the ethical, social and legal issues which may arise when making decisions surrounding treating extremely premature babies
Premature birth
In humans preterm birth refers to the birth of a baby of less than 37 weeks gestational age. The cause for preterm birth is in many situations elusive and unknown; many factors appear to be associated with the development of preterm birth, making the reduction of preterm birth a challenging...
.
Euthanasia advocates
- Nigel CoxNigel Cox (doctor)Dr Nigel Leigh Cox is a British consultant rheumatologist and the only doctor ever to have been convicted in Britain for attempted euthanasia. In 1992 he was convicted of the attempted murder of patient Lillian Boyes, and received a suspended sentence.-Lillian Boyes:In 1991 Lillian Boyes, then 70,...
- Len DoyalLen DoyalProfessor Len Doyal is emeritus professor of medical ethics at Queen Mary, University of London and a medical ethicist. He was born in Atlanta, Georgia in 1944 and studied philosophy and sociology at Georgia State University, earning his undergraduate degree in 1966...
- Margo MacDonaldMargo MacDonaldMargo MacDonald MSP is a Scottish politician and former Scottish National Party MP and Deputy Leader...
MSPMember of the Scottish ParliamentMember of the Scottish Parliament is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament.-Methods of Election:MSPs are elected in one of two ways:... - Debbie PurdyDebbie PurdyDebbie Purdy is a British political activist from Bradford, West Yorkshire, with multiple sclerosis, notable for her challenge to the law in England and Wales as relates to assisted suicide. On 20 September 2009, it was announced that guidelines on assisted suicide law will be published by the UK...
- Diane PrettyDiane PrettyDiane Pretty was a British woman from Luton who became notable after being the focus of a debate about the laws of euthanasia in United Kingdom during the early part of the 21st century...
(November 15, 1958 - May 11, 2002) - Terry PratchettTerry PratchettSir Terence David John "Terry" Pratchett, OBE is an English novelist, known for his frequently comical work in the fantasy genre. He is best known for his popular and long-running Discworld series of comic fantasy novels...
In addition, the following organizations advocate assisted dying or euthanasia:
- Dignity in DyingDignity in DyingDignity in Dying is a United Kingdom nationwide campaigning organisation. It is funded by voluntary contributions from members of the public, and as of December 2010, it claimed to have 25,000 actively subscribing supporters...
- Society for Old Age Rational SuicideSociety for Old Age Rational SuicideThe Society for Old Age Rational Suicide is a pressure group that campaigns for doctor-assisted suicide for elderly people with serious health problems but who are not necessarily terminally ill. The group was founded by Dr Michael Irwin and Nan Maitland on December 10, 2009 in Brighton,...
See also
- Culture of the United KingdomCulture of the United KingdomThe culture of the United Kingdom refers to the patterns of human activity and symbolism associated with the United Kingdom and its people. It is informed by the UK's history as a developed island country, major power, and its composition of four countries—England, Northern Ireland, Scotland and...
- Health care in the United Kingdom