City Research Online

Abstract

For decades, terminally ill patients and sufferers of locked-in syndrome have attempted to persuade lawmakers that their fundamental rights are infringed by laws which criminalise the assistance given to mentally competent adults seeking a peaceful and dignified death. In this debate, the UK and Canada have positioned themselves at opposite ends of the spectrum. In the UK, human rights challenges to the blanket prohibition on assisted suicide have been consistently unsuccessful (notably the Nicklinson and Conway cases), as have parliamentary reform initiatives. Conversely, Canada’s Supreme Court ruled a similar ban unconstitutional in its landmark Carter decision, and the national legislature amended the Criminal Code to allow medical assistance in dying (MAiD) in some circumstances. This chapter examines the legal and ethical issues underlying these contrasting developments, and suggests – in common with the conclusion reached by other contributors to this volume – that Canada’s response has been more rigorous in evaluating and reconciling competing claims....

Publication Type:	Book Section
Additional Information:	From: British and Canadian Public Law in Comparative Perspective edited by Ian Loveland, published in 2021, Hart Publishing. https://www.bloomsburycollections.com/monograph?docid=b-9781509931125 Copyright © Carmen Draghici . All rights reserved. Further reproduction or distribution is prohibited without prior permission in writing from the publishers
Subjects:	B Philosophy. Psychology. Religion > BJ Ethics K Law > K Law (General) K Law > KZ Law of Nations
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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