It is not just friends and family who want clarity about potential criminal prosecutions for helping someone travel abroad for an assisted suicide - doctors too may face criminal proceedings for offering advice or assistance under the current law. In this week's Scrubbing Up, the Medical Defence Union's Dr James Armstrong warns that doctors may be putting their livelihood and liberty on the line by becoming involved.
People who stand to benefit financially from a person’s death are likely to be the ones prosecuted for assisting a suicide, under guidelines to be issued this week. The law will remain unchanged but new rules will detail the factors that are likely to lead to a prosecution, the Director of Public Prosecutions (DPP) said yesterday. Keir Starmer, QC, drew them up after the law lords backed Debbie Purdy, a multiple sclerosis sufferer who called for a policy statement on whether people who helped someone to kill themselves should be prosecuted. The policy, which will be issued on Wednesday, will aim to clarify when individuals are more likely to be prosecuted or more likely not to be, he said.
Guidelines on assisted suicide law will be published by the Director of Public Prosecutions this week to clarify when people are likely to be prosecuted. Keir Starmer QC told the BBC factors that would be considered included whether anyone helping in the suicide stood to gain financially. He said assisted suicide would remain an offence as the law was unchanged.
Britain To Clarify Policy on Euthanasia - Prosecution Factors Will Be Spelled Out By Karla Adam Special to The Washington Post Wednesday, September 23, 2009
LONDON — Assisted suicide has been illegal in England for nearly 50 years. But, ordered by the courts to clarify the law, the country’s top prosecutor on Wednesday set out a list of conditions under which his office would be unlikely to prosecute people who helped friends or relatives kill themselves.
Proponents of assisted suicide believe support for legalisation is growing among lawmakers and the public around the world. In the past year three names have been added to the list of places which permit it. The BBC's Vincent Dowd investigates whether assisted suicide is set to become even more common.
Campaigners hailed the guidelines as a victory for common sense. But “right to life” groups said that he had exceeded his authority. Groups from the Law Society to Dignity in Dying insisted that Parliament should still legislate. Mr Starmer said the list of factors weighing in favour or against a prosecution did not mean that assisted suicide was no longer a criminal offence. Lord Falconer of Thoroton, a former Lord Chancellor and the first Justice Secretary, who tried recently to reform the law, hailed the DPP’s guidelines as a “very, very significant step” and said he had “unquestionably changed the law”. “He has done what the law lords ordered him to do — give certainty to people as to what will happen if they decide to help their loved ones to die.”
The Swiss government is considering restricting or even banning organised assisted suicide in an attempt to reduce so-called "death tourism". Swiss authorities want to ensure euthanasia is a last resort for the terminally ill, amid fears their current laws on assisted suicide could be open to abuse. A study last year suggested more and more people seeking help to die in Switzerland did not have a terminal illness. "We have no interest, as a country, in being attractive for suicide tourism," the Swiss justice minister, Eveline Widmer-Schlumpf, told reporters in Berne, adding that more foreigners were travelling to Switzerland to die.
Federal Council presents two options for consultation Press Release, FDJP, 28.10.2009 Berne. The Federal Council wishes to lay down specific regulations for organised assisted suicide. It is proposing two options that will change Swiss criminal law: the determination in the Penal Code of clear duties of care for employees of assisted suicide organisations, or a complete ban on organised assisted suicide per se. On Wednesday, the Federal Council presented the two versions of its bill, as well as an explanatory report, for consultations that will last until 1 March 2010.
The Swiss Government is considering new laws that are likely to make it harder for foreigners to travel to clinics, such as Dignitas, to get help to end their life. Recently the British conductor Edward Downes and his wife, Joan, used the services of Dignitas. Unlike his wife, Sir Edward, 85, did not have a terminal illness. In June the Swiss justice minister, Eveline Widmer-Schlumpf, announced that two different draft pieces of legislation would be considered in parliament this autumn. "One is a complete ban on assisted suicide, and one is the introduction of stricter, clearer legislation," she said. Currently it is legal in Switzerland to assist in a suicide unless it can be proved that the assistant has a selfish motive. Opinion polls have always shown that about two thirds of the population have a liberal attitude towards self determined death. But the Swiss are opposed to commercial assisted suicide and the cost to the nation of investigating cases.
In 2006 the University Hospital of Lausanne (CHUV) introduced an institutional directive specifying the conditions for assisted suicide, in accordance with professional guidelines and the recommendation of the Swiss National Advisory Commission on Biomedical Ethics that every acute care hospital take up a position on this subject. Methods: 18-months follow-up analysis of patient requests and application of the directive by hospital staff. Results: Of the 54000 patients hospitalised between January 1, 2006, and June 30, 2007, six requests were recorded, all within the first 7 months after introduction of the directive and in the context of severe and life-threatening diseases. However, only one of the six patients, living in a nursing home belonging to the hospital, died by assisted suicide. The time distribution of requests seems to be associated with initial media coverage of the assisted-suicide directive’s introduction.
Switzerland's laws that prohibit killing continue to apply in full. Direct, active euthanasia (deliberate killing in order to end the suffering of another person) is therefore also forbidden. By contrast, both indirect, active euthanasia (the use of means having side-effects that may shorten life) and passive euthanasia (rejecting or discontinuing life-prolonging measures) – while not governed by any specific statutory provisions – are not treated as criminal offences provided certain conditions are fulfilled. No legislative action is needed with regard to these three forms of euthanasia. Legal restrictions and a ban on organised assisted suicide are nonetheless open to debate. They are intended to protect human life better, and to prevent organised assisted suicide becoming a profit-driven business.
The Medical Protection Society (MPS) is seeking clarification about the position of doctors who become aware that their patient is considering ending their life in circumstances that might amount to criminal charges. The recent House of Lords decision requiring the Director of Public Prosecutions (DPP) to look at the factors which would be taken into account in deciding whether to bring a prosecution in such cases is helpful. Much of the debate so far has focused on whether relatives or spouses should face prosecution for assisted suicide, but there also needs to be discussion over the difficult position health professionals may find themselves in. Currently, most patients will travel outside the UK, for example to the Swiss clinic Dignitas for an assisted suicide.
{. Lutz, P. Pury, G. Fioretta, и L. Raymond. European Journal of Cancer Prevention: The Official Journal of the European Cancer Prevention Organisation (ECP), 13 (1):
77--81(февраля 2004)PMID: 15075792.