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'Locked-in syndrome' man's right-to-die case starts Locked-in man's 'life of suffering and indignity'
(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 paralysed man who wants a doctor to be able to lawfully kill him is being condemned to live in a state of "suffering and indignity" by the current law, a court has heard.
The right-to-die case involves Tony Nicklinson, 58, from Wiltshire, who has locked-in syndrome following a stroke. Tony Nicklinson, 58, from Wiltshire, has locked-in syndrome following a stroke seven years ago.
He is unable to take his own life and is seeking legal protection for any doctor who helps him end his life. His barrister told the High Court he is not seeking an new law to allow euthanasia, but just wanted a "remedy".
But the Ministry of Justice argues making such a ruling would authorise murder and change the law governing it. But the government is to argue that such a ruling would authorise murder.
This legal bid differs from recent right-to-die cases which have focused on assisted suicide.This legal bid differs from recent right-to-die cases which have focused on assisted suicide.
The hearing at the High Court represents a fundamental challenge to the law on murder. It amounts to an appeal to allow euthanasia - the deliberate killing of a person on their request - 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 - the deliberate killing of a person on their request - 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.
Instead, Mr Nicklinson's paralysis is so severe that he would have to be killed by someone else, known as euthansia. Instead, Mr Nicklinson's paralysis is so severe that he would have to be killed by someone else, known as euthanasia.
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.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 has told the BBC his life is a "living nightmare" because he cannot speak and needs other people to do everything for him. Before the hearing, he told the BBC his life was a "living nightmare" because he cannot speak and needs other people to do everything for him.
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. He has to use a special computer to communicate.
"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." His barrister, Paul Bowen QC, told the court: "The claimant, who has made a voluntary, clear, settled and informed wish to end his own life with dignity, is too disabled to do so.
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 current law of assisted suicide and euthanasia operate to prevent him from adopting the only means by which he could practically end his life, namely with medical assistance.
"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. "He is condemned to an existence he does not wish to live in a state of suffering and indignity that no-one should be forced to endure.
'Demeaning' "This state of affairs constitutes a serious interference with his common law and convention rights of autonomy and dignity."
"We are all individuals and each person deserves an individual solution to his particular circumstances. Mr Bowen went on to claim that the current law had forced euthanasia underground, where it is unregulated.
"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." He said there were in the region of 3,000 cases each year.
The condition, known as locked-in syndrome, means Mr Nicklinson has to communicate through a special computer. Mr Nicklinson's 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.
He has argued that his life is "dull, miserable, demeaning, undignified and intolerable". Mr Nicklinson's legal team is arguing 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.
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. They are also claiming 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.
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.
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.