Euthanasia
Euthanasia is a practice that has taken place since immemorial times. Since those times, nonetheless, it has attracted controversies and harsh disagreements. In Ireland, just like most countries, this practice is yet to be legalized. This is primarily due to fears that its acceptance could lead to abuse of the law. This paper examines the legal guidance on Euthanasia and Physician Assisted Suicide. The first part will attempt to explain how and why the current Irish Law does not approve this practice. It will keenly examine the High Court and Supreme Court’s ruling in the Fleming case. Furthermore, it examines the provisions in the law which formed the basis of the plaintiff’s case. Part II focuses on suggested legal changes on the practice.
- The Current Regulation of Euthanasia and Physician Assisted Suicide Under the Irish Law.
The Supreme Court in Fleming v Ireland considered the constitutionality of organizing for ending of one’s life at the time of one’s choosing ([2013] 2 I.R 417). In the case, Ms. Fleming, the plaintiff, sought the input of the Supreme Court in upending the initial ruling by the High Court. Early in the year, the High Court , despite the upsetting condition of Ms. Fleming, ruled that to protect the most vulnerable of the society, it would uphold the absolute ban on assisted suicide. While they noted that the ruling restricted the right to autonomy, the court found that legalization of euthanasia would opening up the possibility of abuse of the law. This abuse could have been through complacency, coercion or vulnerable people ending their lives to escape family obligations. The Divisional Court, consequently, determined that a blanket ban, which did not confer any exceptions, would suffice in being the most protective means to meet the objectives of the state.
Upon appeal, the Supreme Court upheld the initial judgement. Chief Justice Susan Deham noted that the constitution did not give any individual the right to commit suicide. Additionally, one was not allowed to arrange for the termination of their life, at a time of one’s choosing. Therefore, the state and courts were obliged to protect this provision ([2013) 2 I.R 417, P.443). Mrs. Denham further observed that much as Ireland had decriminalized suicide under the Criminal Law Act of 1993, section 2.2 of the same noted that assisting a suicide was an offence. This meant that decriminalization of suicide did not give people any legal right of taking their lives. Also, the act did not give people clear-cut right to determine their time of death. Denham CJ held that the right to live did not imply a right to die. As a result, the state was not supposed to respect any right to end a life.
Denham CJ also dismissed the appellant claims of right to equal treatment. She wanted the Oireachtas to consider her particular conditions, as a disabled individual, and provide an exception to the total ban on assisted suicide. She claimed she was treated unequally to able-bodies persons who could, lawfully, terminate their lives.
Undeniably, critically looking at their justification, it is extremely difficult to find the Supreme Court at fault with their ruling. Nonetheless, their total dismissal of the equality guarantee of Article 40.1 is dissatisfying. The appellant argued that she was discriminated against on grounds of a disabling ailment. Indeed, no criminal offence is committed when a physically fit person terminates their life. Conversely, a person who helps a disabled individual in committing suicide can face up to 14 years in prison (O’Cinneide, 2006). Since Article 40.1 accepts treatment based on people’s physical, mental and social capacities, it truly would have been fascinating to see how the case panned out had the equality guarantee Article 40.1 been considered.
While the current laws forbid euthanasia, it is not clear whether future rulings will make decisions on case-by-case basis and provide exemptions to some cases. The second part of the paper will consider the future legal regulation of assisted suicide in the country.
REFERENCE LIST
Case Laws
Fleming v Ireland [2013] 2 I.R 417
Legislation
Criminal Law Act 1993 (No 2.2).
Reports
O’Cinneide, C., 2006. Equivalence in promoting equality.