Tony Nicklinson’s Right To Die Hearing Starts Today

A High Court hearing is beginning in the case of a paralysed man who wants a doctor to be able lawfully to end his life.

The right-to-die case involves Tony Nicklinson, 58, from Wiltshire, who has locked-in syndrome following a stroke.

He is unable to take his own life and is seeking legal protection for any doctor who helps him end his life.

But the Ministry of Justice argues making such a ruling would authorise murder and change the law governing it.

The married father-of-two had a stroke in 2005 while on a business trip to Athens.

He was left paralysed, but with a fully-functioning mind.

The condition, known as locked-in syndrome, means he has to communicate through a special computer.

Mr Nicklinson has argued that his life is “dull, miserable, demeaning, undignified and intolerable”.

His legal action was launched to seek an assurance that a doctor could intervene to end his “indignity” and have a common law defence of necessity against any murder charge.

His paralysis is so severe that he cannot be assisted in taking his own life, for instance by swallowing lethal drugs. He would have to be killed by someone else.

The law currently draws a crucial distinction between doctors deciding not to provide or continue treatment, which might prolong life, and acting to end a life, by, for example administering lethal drugs.

While the former may be lawful, the latter is murder.

Mr Nicklinson’s legal team will argue that the defence of necessity can be used against a murder charge – arguing that the only way to end his suffering is to allow him to die, says BBC medical correspondent Fergus Walsh.

They will also argue that his case is covered by Article 8 of the European Convention on Human Rights which deals with the right to respect for private and family life, our correspondent adds.

The hearing is expected to last four days, although a ruling will not be made until a later date.