Humanists UK calls on Scottish Parliament to legalise assisted dying

Humanists UK has responded to the Scottish Parliament’s consultation on the Assisted Dying for Terminally Ill Adults (Scotland) Bill, urging it to adopt the most compassionate approach possible. Humanists UK fully supports efforts to legalise assisted dying in Scotland, and commends the comprehensive and thorough process that led to the development of the Bill. However, it believes the eligibility criteria could be improved to include people like Tony Nicklinson, who are incurably suffering but not terminally ill.

Devolved matters pertaining to the Scottish Parliament and Scottish Government are generally dealt with by Humanists UK’s sister charity, Humanist Society Scotland (HSS). Humanists UK has agreed to also respond to this consultation as Scotland’s assisted dying legislation as their law will have a significant impact on the rest of the UK. Humanists UK also endorses HSS’s response.

Humanists UK believes that being able to die, with dignity, in a manner of our choosing must be understood as a fundamental human right. Any assisted dying law must contain strong safeguards, but the international evidence from countries where assisted dying is legal shows that safeguards can be effective. 

Under the current proposals in Scotland, a terminally ill person would be allowed medical assistance to die. A person is deemed terminally ill ‘if they have an advanced and progressive disease, illness or condition from which they are unable to recover and that can reasonably be expected to cause their premature death’. This is a more compassionate option than is currently proposed in England and Wales under Lord Falconer’s ‘Assisted Dying for Terminally Ill Adults Bill’ in the House of Lords, which would only be available for people with six months left to live or fewer.

However, Humanists UK believes that the law should not be limited to terminal illness but include people who are suffering. There are several conditions that can cause an individual considerable pain, suffering, and indignity, but may not lead to death. Paralysis from trauma (such as car accidents), locked-in syndrome, ataxia, and severe spinal stenosis may not be considered ‘terminal’ by a doctor. 

Humanists UK staunchly supported the case of Tony Nicklinson, a man with locked-in syndrome, when he brought his case to the High Court in a bid to obtain the right to have a doctor end his life without fear of prosecution. In 2005 Tony suffered a catastrophic stroke which left him paralysed from the neck down and unable to speak. He could only communicate via blinking, and described his life as a ‘living nightmare’. In 2012, shortly after he lost his case, he refused food and died. Tony was not terminally ill.

Nathan Stilwell, Assisted Dying Campaigner for Humanists UK, said:

‘Once again Scotland is leading the way when it comes to being a progressive force for change. The proposals in Scotland are more compassionate than those in England and Wales and the Scottish Parliament should be commended for its thorough approach. Dying people shouldn’t be forced to suffer.

‘Nevertheless, there’s a group of people with conditions that cause them intolerable pain that isn’t terminal, and these people will be denied a dignified choice. People like Tony Nicklinson, who suffered for years even though he had a clear and settled wish to die, should be allowed to die on their own terms in a compassionate and dignified way.’