This article first appeared on www.dancinggiraffe.com in April 2012. We reprint it here, entirely unabridged, to mark 10 years since the Dignitas clinic in Switzerland first opened its doors. With thanks to Dancing Giraffe and Peter McAllister, my collaborator and anti-AS opposite number on this piece.
Since this article was published, campaigner Tony Nicklinson has passed away. We have chosen to leave the article intact as a respectful tribute to the discussion that Mr. Nicklinson's efforts produced.
In March 2012, Tony Nicklinson approached the High Court seeking leave to pursue a clarification of the law surrounding assisted suicide. Mr Nicklinson had a massive stroke in 2005 while on holiday in Greece and was left paralysed save for slight movements of his head and eyes – a condition known as locked-in syndrome. His mind is unaffected and he is entirely conscious, but unable to move or communicate.
Since the stroke, Mr Nicklinson has been able to communicate only by using a voice synthesiser that interprets his blinking. When approached for comment following his appeal to the legal system, he has stated that he wishes the doctors in Athens had not saved his life. He described his current existence as, “dull, miserable, demeaning, undignified and intolerable”. The UK legal system is by now well-accustomed to such challenges.
In 2009, Debbie Purdy went through the courts in an effort
to discover whether her husband would face prosecution if he accompanied her to
a clinic such as Dignitas. The House of Lords agreed that it was a
breach of her human rights not to know, particularly since this information was
likely to play a large part in choosing when and how to end her life. The BBC
reports the case of Tony Bland: “crushed in the Hillsborough disaster
[...] allowed to die through the withdrawal of feeding tubes. He was in a
persistent vegetative state after suffering severe brain damage and the judges
said that it was in his best interests to be allowed to die.”
Yet despite these
legal successes, and no shortage of discussion in debate amongst medical
professionals and within the national press, little actual legal change has
been effected. The consultation process for any change in the law is likely to
be lengthy and complex, as befits such a weighty issue. Any change in the law,
even a relatively minor one, will doubtless alter our society; our attitudes to
disability will affect and be affected by the eventual outcome. To investigate
the issue further, Peter McAllister and Christie Louise Tucker present a
debate of the issues at hand.
Argument Against Assisted Suicide
Firstly I would
like to make it clear, I am not an apologist for antediluvian values, nor is
this a polemic discourse on the dangers to spirituality of assisted suicide. My
intentions are as much a deep-seated personalisation as they are borne of any
religious conviction. I do concede, however that religion has played its part
in my disagreements to assisted suicide and indeed suicide, but not exclusively.
One of the most
ardent opponents to assisted suicide is the Christian Faith. Suicide of any
form is morally wrong because, having given life; God is the only one who has
the right to take it away. The Fifth Commandment, 'Thou shalt not kill' (Exodus
20, verse 13), makes the point quite unequivocally. I have always found this
particular Commandment non-negotiable.
There are arguments
raising the point about serious concerns in legislating assisted suicide due to
unsavoury family members and shifty doctors who would rather persuade a person
to end their life, against the person’s will. Are there selfish reasons
involved from particular family members? Do they stand to gain financially?
Surely their motives are not borne out of a selfless empathy?
In free will there
is another potential problem, that of capacity. Is the person contemplating
assisted suicide competent to make such a decision? Are the drugs that people
take for pain relief compromising their ability to make clear decisions? From
experience, yes this is a factor. Psychiatric conditions may make someone
desire suicide. Conditions such as Depression and Schizophrenia disorder can go undiagnosed; people
who suffer such disorders could in fact choose to be unnecessarily supported to
take their own lives?
Many people fear
that assisted suicide will create a climate in which some people are pressured
into it. The old, the poor, or minorities and other vulnerable groups might be
persuaded to shorten their lives, rather than to "burden" their
families. Will the definition stop short of a human’s ability to be productive?
People with severe
and enduring disabilities may in turn have to justify staying alive. Is this a
situation we really want to embrace? Writers such as The Times columnist, Melanie Reid use emotional tactics to further the
cause for assisted suicide. But in my view this masks a very self-pitying
nature, expounding their self-interested agenda and turning it into an exercise
in scaremongering a civilised society.
Argument For Assisted Suicide
The distinction
between suicide and physician-assisted dying is at times subtle, but always
important. For a coroner to return a clear verdict of suicide, the Government’s
legal definition states that it must be apparent that the deceased, “took their
own life whilst the balance of their mind was disturbed.” But for a change of
the laws surrounding assisted suicide to work, establishing sound mind prior to
acting would be paramount.
This is already the
case at the Dignitas clinic in Switzerland, where each client must consult an
expert psychiatrist and submit medical records to an affiliated doctor before a
prescription can be written, and there can be no doubting the value and
importance of this requirement. Currently the only medical procedure in the UK
to require the consent of two doctors is an elective termination; of course
assisted suicide should be the same, and for the same reasons.
The loudest
protests against changes to the law are usually from religious groups arguing
the sanctity of life, or those concerned about potential misuse of the eventual
act. But when retired American Episcopalian bishop, John Shelby Spong
states that “the right to a good death is a basic human freedom”, it’s plain
that the debate is a long way from conclusion.
Much is made of
“valuing life”, the implication being that those who support assisted suicide
lack this conviction. Nothing could be further from the truth. Valuing a
worthwhile and fulfilling life is central to our argument; not wanting to
continue a life shattered by absolute incapacity is merely a continuation of
this.
It’s vital to make
clear that it is severe incapacity that is under discussion here – the end
stages of degenerative disease, or massive injuries caused by accident or injury.
The argument is made best by the individuals attending court to challenge the
law, and those close to them: the initiator of this current challenge, Tony
Nicklinson, describes his life as “dull, miserable, demeaning, undignified and
intolerable.” The parents of Daniel James, who ended his life at a Dignitas
clinic in 2008, characterised their son as "an intelligent young man of
sound mind" who was "not prepared to live what he felt was a
second-class existence".
A southern African
saying once related to the author of this article comes to mind; upon the death
of a relative, the grieving family are reminded to give thanks to God for “a
long life, well lived.” Even non-religious readers will acknowledge the truth
and value in this. This is truly when assisted suicide should be considered; at
the end of a long and full life, when all other options have been exhausted and
the loss of faculty is too great for the individual to accommodate.
In Conclusion
The purpose of the
assisted suicide debate is not to imply that the lives of disabled people, or
anyone else, are in any way miserable or intolerable. Instead, the aim is to
enable individuals to make their own decision about when, where and how to die,
and to do so with dignity and comfort.
At present, someone
seeking physician-assisted suicide must travel to the Dignitas clinic in
Switzerland: previously an anonymous, nondescript concrete tower block just
outside Zurich, now a pleasant house in a residential district of the city.
Many opt to make the journey alone; to have a relative accompany them could
expose their companion to prosecution for attempting to “aid, abet, counsel or
procure” suicide, a charge that carries a 14-year sentence.
Both sides of the
argument talk about dignity, quality of life, control, and ethics, but in the
end, the decision is nothing more than a personal choice. What is needed now is
discussion – in Parliament, between ministers and the sick and dying, between
doctors, between couples and within families. The onus should not be on
individuals to ask permission to be allowed to die peacefully.
Assisted suicide is
an act of mercy, no less than the actions of a doctor or nurse on any other day
in their career. The real enemy is silence and hypocrisy; wishing a dignified
death for oneself and others isn’t selfish or unfeeling, it’s human. And our
humanity is what necessitates the freedom to make our choice.
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