Leadbeater’s assisted suicide Bill ‘not compatible’ with human rights

Kim Leadbeater’s assisted suicide Bill discriminates against people with certain disabilities and could be challenged under human rights law, a top lawyer has stated.

Tom Cross KC’s legal opinion on the Private Member’s Bill concludes that, as it stands, the legislation is not compatible with the European Convention on Human Rights (ECHR). This is because suicidal thoughts (also known as suicidal ideation) are a known symptom of certain disabilities, and the right to life of people with such conditions must be better protected.

In its current form, the Terminally Ill Adults (End of Life) Bill would allow patients in England and Wales deemed to be terminally ill and with less than six months to live to receive help to kill themselves. MPs are set to debate it again on 16 May, and it could face its final vote in the House of Commons on the same day.

Incompatible with the ECHR

Mr Cross and fellow barrister Ruth Kennedy explained that the Bill is not compatible with human rights legislation, as “without justification, it contains no adequate safeguard protecting the position of those with disabilities where suicidal ideation is more likely, and who are, because of that feature of their disability, more likely to express a clear and settled wish to die”.

They stated: “In our opinion, this failure to treat these different cases differently in the enjoyment of the right to life is in breach of the ECHR.”

The lawyers added that, “on that basis, an application for judicial review in respect of the legislation once enacted could be brought to obtain a Declaration of Incompatibility under the Human Rights Act 1998”.

Dangerous and discriminatory

Simon Calvert, Deputy Director at The Christian Institute, commented: “This important legal opinion is a wake-up call to MPs who voted in favour of this dangerous Bill at Second Reading.

“It shows that the Bill discriminates against disabled people by failing to provide for any assessment of whether what appears to be a settled wish to die is actually a manifestation of their condition.”

He concluded: “It’s time that MPs gave up on this dangerous and discriminatory Bill and focused instead on improving healthcare and end-of-life care for everyone. If the many hours wasted on debating assisted suicide had been spent on debating how to improve palliative care, we’d be in a much better position, offering people life and hope instead of death and despair.”