ThisisBigBrother.com - UK TV Forums - Right-to-Die case gets the go to High Court

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Right-to-Die case gets the go to High Court

Quote:

A paralysed man who wants a doctor to help him die has won the right to have his case heard at the High Court.

Tony Nicklinson can only communicate by blinking his eyes and describes his life as "undignified and intolerable."

He is incapable of taking his own life and argued that a doctor should be able to intervene without fear of prosecution for murder.

The case is significant because it effectively requires a defence of mercy killing.

The judge, Mr Justice Charles, rejected an application from the Ministry of Justice (MoJ)that the case should be struck out because it could result in a change to the law - and only Parliament should do that.

He said it was an "exceptional case" and that it could be heard at the High Court in the coming weeks.

Mr Nicklinson welcomed the decision.

He said: "This is good news indeed. I am delighted that we can now move on to discuss the pertinent issues properly in a dispassionate court of law."

The judge allowed the case to proceed on two grounds. He said Mr Nicklinson's lawyers could argue that a doctor should be allowed to kill him on the grounds of necessity - in other words that Mr Nicklinson's situation is so desperate a doctor could break the law to intervene.

He also said lawyers should be allowed to argue that the current law of murder and assisted suicide is incompatible with Mr Nicklinson's right to a private life under the Human Rights Act because it criminalises voluntary active euthanasia.

Mr Nicklinson's solicitor, Saimo Chahal, said: "This is a very good result for Tony. It would be completely wrong if the arguments on Tony's behalf could not be fully argued on the grounds that we should wait for Parliament to change the law.

"The court has an active case before it and is fully able to examine the details in depth and to reach a decision having heard all of the facts, evidence and legal arguments."

Source: http://news.sky.com/home/uk-news/article/16186808

What are your thoughts on this? And in on many cases around the entire world regarding euthanasia?

Would you want to help a family member out if they were to [devastatingly] fall into the same situation?

It's a tough one, it must be so awful for that poor guy though, what kind of an existence is it really?

I think it's definitely something that you're thankful you don't have to do! But put in the situation I believe I would fight my hardest to fullfil my family members wishes to die. I mean this case could spark something new, a revolutionary turn in legal matters (I believe it probably won't but the fact it's going to HC is a move in that direction at least).

I think I would help a family member if the same fate fell upon them. If their life was so full of pain, I'd rather see them at peace and free of pain over constant suffering.

Medical science has come such a long way that people are now being saved that would previously have died. Many of those people are saved without any thought as to what they quality of life will be.

If this man was my relative and I knew that he was of sound mind and death is what he really wanted, then I wouldn't hesitate.

I completely agree, obviously cases like this are an exception, hence why it's been given the go ahead to be discussed at HC. I would say with cases that were terminal you should be able to end the suffering if that's the wish of the person.

I just don't think anyone has a right to tell someone they have to carry on living.

Quote:

Originally Posted by Shaun (Post 5013708)

I just don't think anyone has a right to tell someone they have to carry on living.

I couldn't agree more.

Quote:

Originally Posted by Livia (Post 5013614)

Yeah that's the danger alright Livia, I mean it's fantastic some of the things they can do now but existing is not the same as living.

I find this a hard subject and also a distressing one. The selfish element inside me would have me feel no matter what,any loved one of mine if they were in this plight,I would likely want to keep them alive especially if I had ways to communicate with them.

The more principled side of me that respects the wishes and beliefs and way of life of others has me of the view that they should be allowed to decide for themselves if they wished to live or die.

I watched this on the news and felt so sorry for the man afflicted with this result of a stroke,he would likely hate that very fact people did feel sorry for him.
I am therefore glad he got his case allowed to go to the court,I hope whatever, his wishes will be granted by that court and that the Govt does not then step in to prevent his carrying out his wishes,if and when he decides enough is enough.

I just hope he gets the respect he should as to making his own decisions,it would seem his family are supporting him so out of decency and mercy I hope only his wishes are considered on this and no one elses.

An awful,sad and distressing case.What a horrible thing to have happened to him.

Quote:

Originally Posted by joeysteele (Post 5014619)

Yes, this is a tough one..I'm still thinking about it..but mayce that's the point..if you're able to 'think'..should life be taken away..but there's no quality to that life..no mobility...I don't know with this

Quote:

Originally Posted by Shaun (Post 5013708)

I just don't think anyone has a right to tell someone they have to carry on living.

agreed with this

It's disgusting that we have more compassion for animals than for humans when it comes to suffering terminal disease. Everyone should have the choice to die in dignity and in comfort when faced with such horrible pain and suffering and indignity as so many people are facing.

http://www.bbc.co.uk/news/uk-17336774 - i was going to start a thread of my own - but i see someone beat me - see i am learning lol tibb

locked in syndrome

we are meant to be civilised,
watching suffering is not humane,
and seeing Tony Niclinson on the news,
tells me the current laws are insane.
you can clearly see Tony's restrictions,
his pain is evident making,
we would not leave a animal like this,
its so cruel and in me its baking.
i can jump under a train,
or crash bad in traffic,
or on my own with pills,
something so gentle to something so tragic.
i have the choice,
even if its against the law,
and that's why for someone so worse off,
i am going to help there war.
we have to show love,
because this country prides on its compassion,
so if someone is in there right frame of mind,
if they want to end life, who are we to ration.

(i have left a link to this story for anyone on this message board to see. you have my permission to copy and paste my poem to the conservative party and i am sure if they get allot of copy's of my poem - not only will it send david C around the twist but hopefully the debate will be brought to there attention and maybe force a MP to look again at this matter that is so painful matter. ) please email chairman@conservatives.com - i have emailed my poem to this addy first and told them - if anyone is silly enough to read my poems - then they might be inspired to raise this issue by contacting this email. please everyone - contact them and say how unfair this law makes it for Tony Niclinson. hope, above everything i have raised the importance to this issue - that's why i wrote my poem, i am so sorry if any offence is caused.)

It does sound like a miserable existence, can't do anything himself and only able to communicate by blinking, sone people are able to adjust to living like that but I'm nit surprised that a lot don't, I don't think it's the right of the state to force someone to live a life they don't want to, and to criminalise people for carrying out a relatives wishes