What can only be described as a very sad case, Tony Nicklinson has lost his case in the High Court in the latest ‘right to die’ judgment.
The issues in the hearing were as follows:
1. Is voluntary euthanasia a possible defence to murder?
2. Is the DPP under a legal duty to provide further clarification of his policy?
3. Alternatively, is section 2 of the Suicide Act incompatible with article 8 in obstructing Martin or Tony from exercising a right in their circumstances to receive assistance to commit suicide?
4. Are the GMC and the SRA under a legal duty to clarify their positions?
5. Is the mandatory life sentence for murder incompatible with the Convention in a case of genuine voluntary euthanasia?”
The judges were very sympathetic of his plight, and that of the other individual bringing a claim, AM, but in the end decided that they were unable to depart from the law as it stood and that it is for Parliament to decide on changing the law.
The press summary can be found here.