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'Locked-in syndrome' man right-to-die case starts 'Locked-in syndrome' man's right-to-die case starts
(about 4 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, leaving him paralysed, but with a fully-functioning mind.
He was left paralysed, but with a fully-functioning mind. He has told the BBC his life is a "living nightmare" because he cannot speak and needs other people to do everything for him.
The condition, known as locked-in syndrome, means he has to communicate through a special computer. He said: "90% of itches have to be endured because by the time someone comes to scratch it and I have laboriously explained where it is, the itch has gone. Now I just put up with them.
"Or there is the screaming frustration of wanting to make a point but knowing that the only way I can express my opinion, by the board or computer, are useless in normal conversation."
He said he found it impossible to live with the knowledge that he had no way out when life got too much to bear because he was physically unable to take his own life.
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". "It cannot be acceptable in 21st century Britain that I am denied the right to take my own life just because I am physically handicapped," he said.
"We are all individuals and each person deserves an individual solution to his particular circumstances.
"A one-size-fits-all solution of better care and more of it, such as opponents advocate, is clearly not the answer. The option of assisted dying should be available."
The condition, known as locked-in syndrome, means Mr Nicklinson has to communicate through a special computer.
He 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.
Have you been affected by the issues raised in this story? Please get in touch using the form below.Have you been affected by the issues raised in this story? Please get in touch using the form below.