It may have been almost ten years ago, when Diane Pretty went to the courts of Britain and Strasbourg, claiming her right to die with dignity and without suffering, but the status quo remains the same even today. The law stands against euthanasia, not only in Britain but in most countries throughout the world.
Diane Pretty's case aroused much public interest, and sympathy for her plight. There have been a handful of cases, like hers, where an individual desires euthanasia to put an end to their suffering.
Diane Pretty's condition
Diane Pretty was diagnosed with motor neuron disease in 1999. Motor neuron disease is a neurodegenerative condition that affects the motor system of the body, causing paralysis. It is an incurable disease.
Diane Pretty was paralyzed from the neck down and was incapable of speaking. She spoke with a voice simulator, and was fed through a tube to her stomach.
Diane Pretty wanted to put an end to her suffering
"I want to have a quick death without suffering, at home surrounded by my family." (Diane Pretty)
She was suffering so much, that she wanted to die. She was facing impending death from respiratory failure and pneumonia, from her degenerative condition, when she would further succumb to the illness within a few months. To avoid a slow, suffering death, Diane Pretty wanted to put an end to her life, and choose when to do so.
She needed assistance to commit suicide
Because Diane Pretty was paralyzed and could only move her head, she could not kill herself on her own. She needed assistance to carry out her death. Her husband, out of love, was willing to help her relieve her suffering.
The Legal Dilemma
In Britain, euthanasia is illegal. Under the Suicide Act 1961, ‘assisted suicide’ is unlawful. Suicide itself is not a crime, not that it could be prosecuted for if it was committed anyway. So, the problem was that if Diane Pretty’s husband helped her commit suicide, he would be committing a crime and be prosecuted under British law. He could be charged with murder or manslaughter.
The Legal Battle: in the British courts
Diane Pretty made an application to the British courts, seeking protection for her husband from prosecution to assist her to commit suicide. The House of Lords rejected Pretty’s application for immunity from prosecution for her husband from the Director of Public Prosecutions, if he assisted her death. They decided that the Human Rights Act did not make ‘assisted suicide’ lawful.
Lord Bingham, one of the senior judges assessing Diane Pretty’s case, acknowledged that while everyone could sympathise with Diane Pretty, the House of Lords could not change the law, only interpret it.
The Legal Battle: the European Court of Human Rights
Diane Pretty subsequently took her case to the European Court of Human Rights, claiming that she had the right to die with dignity, as part of her human rights. Her lawyer also argued that by denying her right to assisted suicide, it was in breach of the European Human Rights Convention which outlawed “inhuman or degrading treatment”.
Her appeal was rejected on April 22 2002.
The European Court made a judgement that the human rights convention protected the right to life which prohibited any actions that might result in the death of a human being. Furthermore, the right to life did not confer the right to die. Therefore the state could not be required to permit any actions intended to terminate life.
In response to Pretty’s case about “inhuman or degrading treatment”, it was said that the convention protects an individual from inhuman or degrading treatment imposed by others, and not that which is caused by a naturally occurring disease.
Moreover, the right to private life had to be exercised within the parameters of state law, which has the power to regulate through its criminal law.
However the Court did acknowledge that Diane Pretty’s case was an unfortunate one, expressing sympathy that Diane Pretty's impending death would be distressing without being able to end her life.
After discovering she had lost her legal battle, Diane Pretty had said, "The law has taken all my rights away."
Diane Pretty's death
Less than two weeks after her appeal was denied, Diane Pretty died in a hospice on May 11 2002, aged 43. She had been in the advanced stages of her condition. She had breathing difficulties, before entering a coma state and dying a short time later. Diane Pretty died exactly the same way she had hoped to be relieved from.
References:
1. BBC News. (12 May, 2002). Diane Pretty dies. UK.
2. Guardian News. (March, 2002). Diane Pretty loses right to die case.
3. Boyd, K.M. (2002). Mrs Pretty and Ms B. J Med Ethics. 28:211-212
Michelle Parker - Michelle is a freelance writer who has an Arts degree majoring in English, and is currently studying a Medicine degree.
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