BHA welcomes human rights ruling in Purdy case

30 July, 2009

The British Humanist Association (BHA) has welcomed today’s ruling from the House of Lords, the final appeal court in the UK, describing it as progress in reforming law and policy on assisted dying. Debbie Purdy, who suffers from multiple sclerosis, had sought clarification in the law as to whether her husband would be prosecuted if he accompanied her abroad to a clinic for assisted dying. The Law Lords ruled that Article 8 of the European Convention on Human Rights, the right to respect for private and family life, does extend to the manner and quality of Debbie’s death.

Naomi Phillips, BHA Public Affairs Officer, said “This is an exceptionally important ruling, given that it is the first time that a Court has accepted that Convention rights are invoked. Being able to die, with dignity, in a manner of our choosing must be a human right. In the Purdy case, it has been shown that the quality of her death is undeniably linked to the quality of her life.’

Ms Phillips continued, “It is also welcome that the judgment went further and that the Director of Public Prosecutions will now develop guidance on the factors that would be taken into account when deciding whether to prosecute someone who assists suicide abroad.” The judgment highlights yet again the urgent need for Parliamentarians to legislate to reform the law. This complex issue, involving personal freedom, compassion, dignity and safety concerns, needs to be addressed in clear, unambiguous legislation open to public scrutiny rather than decided at the discretion of one individual – the DPP. The decision of how one dies can be just as important how one chooses to live.”

Notes

For further comment or information, contact Naomi Phillips on 020 7079 3585 or 07779 703 242.

This ruling has wider implications for law regarding assisted dying. Many Britons make the journey abroad to accompany loved ones to a clinic for assisted dying but, although the police have presented evidence, none have been prosecuted. The decision whether to prosecute rests with the Director of Public Prosecutions Keir Starmer QC, who so far has not seen it in the public interest to prosecute in these cases. Today’s ruling suggests that a clear prosecution policy should be developed for these cases.

The British Humanist Association (BHA) is the national charity representing and supporting the non-religious and campaigning for an end to religious privilege and to discrimination based on religion or belief. It is the largest organisation in the UK working for a secular state.