05/12/2012

Right-To-Die Case Hears 'Self Determination' Is Key

The State is entitled to discourage suicide but is not entitled to stop a disabled person doing what an able-bodied person can do, the High Court has been told.

Counsel for Wicklow woman Marie Fleming, 58, made the submission as part of a landmark case to establish a right to end her life with assistance.

Senior counsel Brian Murray said suicide was not illegal yet Ms Fleming was prevented from ending her life because of her physical incapacity to do so.

Adding that the State was trying to do this by reference to a very general concept of the common good, which was not being applied equally.

He said previous cases had established the right to privacy, autonomy, self-determination and dignity, which lie at the heart of Ms Fleming’s claim.

Those rights include the right to die with dignity, he said.

Mr Murray went on to say it was wrong for the State's interest in the lives of people on some theory of natural law to override a person's free choice.

Ms Fleming was diagnosed in 1986 with MS and is in the final stages of the condition.

She is past the point where she could take her own life unaided but wants to establish the right to end her life with assistance.

She is challenging a section of the Criminal Law Suicide Act which makes is an offence to help someone take their own life.

(H)


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