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| Woman Loses Appeal for Assisted Death in Ireland | Woman Loses Appeal for Assisted Death in Ireland |
| (about 5 hours 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 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. | 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 that 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.” |
| After the ruling, Mr. Curran questioned its logic. | After the ruling, Mr. Curran questioned its logic. |
| “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.” | “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.” |
| 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 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. |
| At a 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 gas or a lethal injection. In both situations, however, she would need help in their preparation. | |
| Ms. Fleming was too ill to attend the Supreme Court ruling on Monday. | |
| Following the ruling, Mr. Curran seemed to suggest that he would still be prepared to assist his partner to die. He said that having exhausted all legal avenues in Ireland, he would return to the home he shared with Ms. Fleming in Arklow, a town 40 miles south of Dublin, where he would abide by her decision. | |
| “The court has ruled on Marie’s future as far as they’re concerned,” he said. Now, he said, the two would “live our lives until such a time when Marie makes up her mind that she has had enough.” | |
| “And in that case, the court will have the opportunity to decide on my future.” | |
| Asked if this meant he would still be willing to help his partner to die, he said: “That will only come up when Marie makes a decision herself.” |