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Woman Loses Appeal for Assisted Death in Ireland Woman Loses Appeal for Assisted Death in Ireland
(35 minutes later)
DUBLIN — A terminally ill woman in the final stages of multiple sclerosis does not have the right to an assisted death, the Irish Supreme Court ruled on Monday.DUBLIN — A terminally ill woman in the final stages of multiple sclerosis does not have the right to an assisted death, the Irish Supreme Court ruled on Monday.
The woman, Marie Fleming, a 59-year-old former university lecturer, said she wanted to die peacefully at home at a time of her own choosing, but her condition had deteriorated to the extent that she would need help to do it. Her partner, Tom Curran, 65, has said he would assist her. Under Irish law, that would be illegal, and he would face up to 14 years in prison if convicted. The woman, Marie Fleming, a 59-year-old former university lecturer, said that she wanted to die peacefully at home at a time of her own choosing, but that her condition had deteriorated to the extent that she would need help to do it. Her partner, Tom Curran, 65, has said he would assist her. Under Irish law, that would be illegal, and he would face up to 14 years in prison if convicted.
Ms. Fleming was contesting the absolute ban on assisted suicide on the basis that the law discriminates against severely disabled people. Suicide was decriminalized in Ireland in 1993, and Ms. Fleming argued she should have the same right as any able-bodied citizen to take her own life. Ms. Fleming was contesting the absolute ban on assisted suicide on the basis that the law discriminates against severely disabled people. Suicide was decriminalized in Ireland in 1993, and Ms. Fleming argued that she should have the same right as any able-bodied citizen to take her own life.
The court acknowledged the “tragic circumstances” in the case, but it rejected the argument that the decriminalization of suicide necessarily conferred a right to die.The court acknowledged the “tragic circumstances” in the case, but it rejected the argument that the decriminalization of suicide necessarily conferred a right to die.
In delivering the judgment, Chief Justice Susan Denham said the Irish Constitution did not contain any “explicit right to commit suicide, or to determine the time of one’s own death.”In delivering the judgment, Chief Justice Susan Denham said the Irish Constitution did not contain any “explicit right to commit suicide, or to determine the time of one’s own death.”
Ms. Fleming had appealed to the Supreme Court after she lost her case at the High Court in Dublin in January. The High Court said that the public interest would be best served by protecting the vulnerable and that any relaxation of the current law risked opening the door to euthanasia. After the ruling, Mr. Curran questioned its logic.
In a fast-tracked hearing in February, Ms. Fleming, who uses a wheelchair, told the seven members of the Supreme Court that she was now in constant pain. Her inability to swallow would probably cause her to choke to death, she said. Ms. Fleming is now paralyzed from the neck down. “It’s very difficult to understand how a person with a disability can be deprived of something that’s legally available to everybody else, every able-bodied person,” Mr. Curran told reporters outside the court. “And for that not to be discriminatory under the Constitution, that’s something we fail to understand.”
During her High Court case, her legal team specified two methods open to her whereby she could use her limited physical capacities to self-administer poison gas or a lethal injection. In both situations, however, she would need help in their preparation. Ms. Fleming appealed to the Supreme Court after losing her case at the High Court in Dublin in January. The High Court said that the public interest would be best served by protecting the vulnerable and that any relaxation of the law risked opening the door to euthanasia.
Ms. Fleming was too ill to attend the hearing Monday. At a fast-tracked hearing in February, Ms. Fleming, who uses a wheelchair, told the seven members of the Supreme Court that she was in constant pain. Her inability to swallow would probably cause her to choke to death, she said. Ms. Fleming is now paralyzed from the neck down.
During the High Court case, Ms. Fleming’s legal team said she could self-administer poison gas or a lethal injection. In both situations, however, she would need help in their preparation.
Ms. Fleming was too ill to attend the hearing on Monday.