Assisted suicide will be effectively decriminalised by the back door in landmark guidance to be published by the Crown Prosecution Service next week.
Saturday, February 20th, 2010Fools rush in where angels fear to tread.
Assisted suicide: law to be decriminalised ‘by back door’ from next week – Assisted suicide will be effectively decriminalised by the back door in landmark guidance to be published next week.
Final rules set out by the Crown Prosecution Service will make it clear that those who help others end their lives are unlikely to face court if they acted out of compassion.
However the factors against prosecution are likely to be altered from existing draft guidance, after it was claimed that they would leave the most vulnerable members of society at greater risk while providing immunity to spouses regardless of their motives.
It marks a legal milestone as the law against assisting suicide is in effect being changed without the involvement of Parliament, on the orders of the Law Lords.
It is also unprecedented for prosecutors to set out in such detail the ways in which people can commit a particular crime yet avoid being charged.
The All Party Parliamentary Group on Dying Well said the guidelines “could have the unintended effect of leading potential law-breakers to believe they will secure immunity from prosecution if they assist suicides in certain prescribed ways or circumstances”.
Aiding or abetting another to end their life is punishable by up to 14 years’ imprisonment under the 1961 Suicide Act.
And this from Bish Naz today.
Bishop Michael Nazir-Ali: Promoting life rather than death – It is absolutely right for us to feel compassion for those who have a terminal or an incurable illness and for their near and dear ones who wish to relieve them of this burden, even if this means the death of the one who is ill.
Hard cases, however, make bad law. We should be very wary of changing the legal tradition of the Western world, based as it is on the Judaeo-Christian view of the human person, because of extreme situations which have been given massive media publicity and because there may be a few people in a coma from which a return to conscious life seems impossible.
It is natural for a person to feel helpless and hopeless when a terminal or incurable condition is first diagnosed but, given the right support by family, friends and the medical community, it is quite possible lto come through this phase and to enjoy some quality of life and even its enrichment. As Dame Cicely Saunders, the founder of the Hospice movement, has said, ” Our last days are not necessarily lost days “. Not only can they be used to recapture the past and to strengthen relationships but also for contemplation and preparation. Again and again, people have told me how much they have learned about themselves and others at this time in their lives.
It is simply a mistake to emphasise the autonomy of the individual, especially at this point. It is relatedness that matters. Rather than seeing themselves as unwanted and alone, people, at this stage of life, should feel themselves drawn into a circle of love and care where they will be made as comfortable as possible and valued for who they are. It is not necessary always to be independent. Human beings depend upon one another at every stage of life and this one is no different. “Bear one another’s burdens and so fulfil the law of Christ”, says St.Paul and this is exactly what the Hospice movement has shown us can be done in the care of the terminally and incurably ill. Thank God for all the wonderful people involved in this work.
Another valuable lesson which this movement has taught us is that it is nearly always possible to manage pain and to make sure that patients do not suffer unnecessarily. Palliative medicine is now highly developed and, whether in hospices or in pain clinics in hospitals, it tries to make sure that science is made to serve the care of people who are seriously ill and relieve them of as much pain as possible. Such relief may, in fact, lengthen the life-span but even if it has the effect of hastening death, this is quite different from an intervention that intends the death of the patient.
One fear that people often have is that they will be ‘officiously kept alive’ rather than allowed to die peacefully. It should be clear that opposition to assisted suicide or voluntary euthanasia is not about keeping people alive at all costs. It is right to respect people’s wishes about not wanting medical treatment the outcomes of which may be uncertain and which may be highly intrusive and uncomfortable. Indeed, in certain cases, competent medical authorities may decide that it is inappropriate to provide medical treatment, though, I believe, that hydration and feeding should continue unless the means of doing this are judged to be disproportioniate to any outcome.
We need to remember that those seeking assisted suicide are very few compared to the hundreds of thousands who die each year cared for by their loved ones, with the help of hospices, pain clinics and others in the caring professions. There is, indeed, a slippery slope. It has been found, for instance, that the withdrawal of treatment in even the most extreme cases of coma, where the prospect of recovery is very remote, has led to such withdrawal when the situation is not so extreme. The Netherlands has not been notable for its success in confining the category of so-called ‘eligible’ cases for voluntary euthanasia and physician-assisted suicide.
In other words, there is ‘creep’ from terminal and incurable illness to serious disease and, then, perhaps, to ennui or depression, when a person no longer wants to live.




