This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/health-18495973#sa-ns_mchannel=rss&ns_source=PublicRSS20-sa
The article has changed 10 times. There is an RSS feed of changes available.
Version 0 | Version 1 |
---|---|
'Locked-in syndrome' man right-to-die case starts | 'Locked-in syndrome' man right-to-die case starts |
(about 3 hours later) | |
A High Court hearing is beginning in the case of a paralysed man who wants a doctor to be able lawfully to end his life. | A High Court hearing is beginning in the case of a paralysed man who wants a doctor to be able lawfully to end his life. |
The right-to-die case involves Tony Nicklinson, 58, from Wiltshire, who has locked-in syndrome following a stroke. | The right-to-die case involves Tony Nicklinson, 58, from Wiltshire, who has locked-in syndrome following a stroke. |
He is unable to take his own life and is seeking legal protection for any doctor who helps him end his life. | He is unable to take his own life and is seeking legal protection for any doctor who helps him end his life. |
But the Ministry of Justice argues making such a ruling would authorise murder and change the law governing it. | But the Ministry of Justice argues making such a ruling would authorise murder and change the law governing it. |
The married father-of-two had a stroke in 2005 while on a business trip to Athens. | The married father-of-two had a stroke in 2005 while on a business trip to Athens. |
He was left paralysed, but with a fully-functioning mind. | He was left paralysed, but with a fully-functioning mind. |
The condition, known as locked-in syndrome, means he has to communicate through a special computer. | |
The hearing at the High Court represents a fundamental challenge to the law on murder. It amounts to an appeal to allow euthanasia, which is strictly prohibited. | The hearing at the High Court represents a fundamental challenge to the law on murder. It amounts to an appeal to allow euthanasia, which is strictly prohibited. |
It goes further than the case of Diane Pretty, who had motor neurone disease. The House of Lords rejected her appeal in 2001 to allow her husband to assist her suicide. | It goes further than the case of Diane Pretty, who had motor neurone disease. The House of Lords rejected her appeal in 2001 to allow her husband to assist her suicide. |
The case raises huge ethical and social issues which will spark major debate in the weeks ahead. | The case raises huge ethical and social issues which will spark major debate in the weeks ahead. |
Win or lose, Mr Nicklinson can be assured that the issue of whether there is a right to die will be discussed in great detail by judges, politicians, the media and the public. | Win or lose, Mr Nicklinson can be assured that the issue of whether there is a right to die will be discussed in great detail by judges, politicians, the media and the public. |
Mr Nicklinson has argued that his life is "dull, miserable, demeaning, undignified and intolerable". | Mr Nicklinson has argued that his life is "dull, miserable, demeaning, undignified and intolerable". |
His legal action was launched to seek an assurance that a doctor could intervene to end his "indignity" and have a common law defence of necessity against any murder charge. | His legal action was launched to seek an assurance that a doctor could intervene to end his "indignity" and have a common law defence of necessity against any murder charge. |
His paralysis is so severe that he cannot be assisted in taking his own life, for instance by swallowing lethal drugs. He would have to be killed by someone else. | His paralysis is so severe that he cannot be assisted in taking his own life, for instance by swallowing lethal drugs. He would have to be killed by someone else. |
The law currently draws a crucial distinction between doctors deciding not to provide or continue treatment, which might prolong life, and acting to end a life, by, for example administering lethal drugs. | The law currently draws a crucial distinction between doctors deciding not to provide or continue treatment, which might prolong life, and acting to end a life, by, for example administering lethal drugs. |
While the former may be lawful, the latter is murder. | While the former may be lawful, the latter is murder. |
Mr Nicklinson's legal team will argue that the defence of necessity can be used against a murder charge - arguing that the only way to end his suffering is to allow him to die, says BBC medical correspondent Fergus Walsh. | Mr Nicklinson's legal team will argue that the defence of necessity can be used against a murder charge - arguing that the only way to end his suffering is to allow him to die, says BBC medical correspondent Fergus Walsh. |
They will also argue that his case is covered by Article 8 of the European Convention on Human Rights which deals with the right to respect for private and family life, our correspondent adds. | They will also argue that his case is covered by Article 8 of the European Convention on Human Rights which deals with the right to respect for private and family life, our correspondent adds. |
The hearing is expected to last four days, although a ruling will not be made until a later date. | The hearing is expected to last four days, although a ruling will not be made until a later date. |