Tony Nicklinson And ‘Martin’ Lose Their Right-To-Die Cases
Regular readers will know my views on the issue of assisted suicide. This is not a relief for the Nicklinsons or the family of ‘Martin’, but for me, and others who believe in disabled people’s right to live, I can now admit that it is a relief.
A man paralysed from the neck down has lost his High Court case to allow doctors to end his life without fear of prosecution.
Tony Nicklinson, 58, from Melksham, Wiltshire, communicates by blinking and has described his life as a “living nightmare” since a stroke in 2005.
Mr Nicklinson said he would appeal against the decision.
The case went further than previous challenges to the law in England and Wales on assisted suicide and murder.
‘Misery’
Father-of-two Mr Nicklinson was left paralysed with locked-in syndrome after a catastrophic stroke while on a business trip to Athens.
Speaking through a machine just before the judgement, Mr Nicklinson said he would be “relieved” to know the verdict.
He added: “If I lose we will appeal, and I am forced to live a life I no longer want for a while longer.”
The case differed from other “right-to-die” cases which have focused on assisted suicide. Mr Nicklinson would be unable to take lethal drugs, even if they were prepared by someone else.
For someone else to kill him would amount to murder.
In June, his barrister Paul Bowen QC told the High Court: “Tony has now had almost seven years to contemplate his situation.
“With the continuing benefits of 21st Century health and social care his life expectancy can be expected to be normal – another 20 years or more. He does not wish to live that life.”
Mr Bowen added: “The claimant, who has made a voluntary, clear, settled and informed wish to end his own life with dignity, is too disabled to do so.
“The current law of assisted suicide and euthanasia operate to prevent him from adopting the only means by which he could practically end his life, namely with medical assistance.”
‘Untenable’
David Perry QC, who is representing the Ministry of Justice, said Mr Nicklinson’s “tragic and very distressing circumstances evoke the deepest sympathy”.
“Notwithstanding the distressing facts of his situation, the defendant submits that the claim for declarations is untenable. The law is well established,” he added.
The case is being contested on the issue of “necessity” arguing that the only way to end Mr Nicklinson’s suffering is to allow him to die.
This was used in 2000 when conjoined twins were separated, saving one even though doctors knew the other would die.
Mr Nicklinson’s team 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.
The judges will also publish a determination in the case of another paralysed man with locked-in syndrome, named only as Martin, who is 47.
Part of his case involves a challenge to the Director of Public Prosecution’s policy on assisted suicide.
Same Difference 
I sincerely hope that somehow Tony manages to win his case. Who are we, disabled or otherwise, to judge him. No two disabilities are the same, no two people are the same, people living with the same disability react differently. Someone who was physically able could commit suicide whenever they wished, just because he does not have that physical ability in no way means he should be denied that right. Furthermore, I am aware that many people are arguing that assisted suicide makes the lives of disabled people degrading because it portrays us as leading miserable lives. How can this argument be justified, does that mean when anyone from a so-called minority group commits suicide the whole group is judged. This is totally not true, many people commit suicide and any group, whether it be ethnic, religious or sexuality they belong too are not judged for it. He is a human being, he has feelings and clearly is more than mentally capable of making up his own mind. In fact denying him the right to die merely enforces discrimination. Like I said at the beginning of my post, who are we to judge? What makes us better than him and more able to make that decision? I wish he didn’t feel like he had to end his life, it’s such a sad situation and one I would not wish upon anyone but I will never condemn him for it. Anyone could have an accident or a health problem that could leave us in his position, then how would we feel?
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