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Legitimate Compassion or Compassionate Legitimation? Reflections on the Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide

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Abstract

This commentary explores the background to, and implications of, the recently published Director of Public Prosecutions guidelines for prosecutors in respect of cases of encouraging or assisting suicide. It considers the extent of the provisions and questions the legitimacy of their focus on the compassionate motivation of the assistant, and the apparent prohibition on healthcare professionals providing such help. It concludes by suggesting that a permissive change in the law would provide better safeguards for those who seek assisted dying.

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Notes

  1. Examples include, Re Karen Quinlan 355 A 2d 644 (NJ 1976), Rodriguez v British Columbia (A-G) (1993) 3 SCR 519, Lindsell case (unreported) The Times, 29 October 1997, Pretty v UK (2000) ECtHR 1, Re Z (an adult: capacity) (2004) EWHC 2817 (Fam).

  2. R (Purdy) v DPP (2009) UKHL 45.

  3. R v Inglis (2010) EWCA Crim 2637.

  4. R v Gilderdale (2010, unreported).

  5. R (Purdy) v DPP (2009) UKHL 45, at para 30, per Lord Hope.

  6. For example, doctors are central to the provision of assisted suicide in Oregon and to the administration of assisted dying in the Netherlands.

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Correspondence to Hazel Biggs.

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Biggs, H. Legitimate Compassion or Compassionate Legitimation? Reflections on the Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide. Fem Leg Stud 19, 83–91 (2011). https://doi.org/10.1007/s10691-011-9165-6

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  • DOI: https://doi.org/10.1007/s10691-011-9165-6

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