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Dublin: 9 °C Saturday 18 May, 2013

‘Right-to-die’ appeal to be heard by Supreme Court today

Marie Fleming, who has multiple sclerosis, wants to overturn the laws which make it a criminal offence to help someone take their own life.

Marie Fleming leaves the High Court in January after losing her case
Marie Fleming leaves the High Court in January after losing her case
Image: Niall Carson/PA Wire

THE SUPREME COURT will today hear an appeal from a woman who is seeking to overturn Ireland’s laws on ending one’s own life with help from another person.

Marie Fleming, a 59-year-old former UCD lecturer from Wicklow who has multiple sclerosis, lost a High Court case last month challenging the ban on assisted suicide.

Fleming wishes to end her own life but would need help to go through with it.

Fleming had argued that parts of the law which make it an offence to assist a suicide are unconstitutional and breach the European Convention on Human Rights. She had also looked for an order requiring the Director of Public Prosecutions to make it clear in which situations it would charge people for the crime and whether there was any discretion in deciding to go ahead with a prosecution.

She has sought to ensure that her partner would not be prosecuted if he were to help end her life.

In his ruling in January, High Court president Justice Nicholas Kearns wrote that there was “a profound difference between the law permitting an adult to take their own life on the one hand and sanctioning another to assist that person to that end on the other”.

Suicide has been decriminalised in Ireland since 1993 but it is still a criminal offence which carries a potential sentence of up to 14 years in prison to help someone end their life.

The case will be heard by the court at 11 o’clock this morning.

Column: Legal clarity needed after Marie Fleming ‘right to die’ verdict >

Read: High Court rejects MS sufferer’s challenge in ‘right to die’ case >

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Comments (23 Comments)

  • Aldo 26/02/13 #

    Unfortunately, I’m looking down the barrel of that particular gun and I know that before my MS gets that bad, I would like to have the right to die. I hope she will be successful in her appeal, but I doubt she will get this decision overturned.

    Reply
  • Barry 26/02/13 #

    Leave somebody die with dignity and respect if they want to instead of pain and suffering, if she can be found of sound mind then she deserves to be able to end it on her terms instead of the way she’ll die otherwise.

    Reply
    • Surely if you have freedom of travel they can’t stop you leaving (a la abortion situation)? Her husband should just say they planned it all in Switzerland, as you can’t be prosecuted fro breaking the law of your home country in another country where said law does not exist.

      Reply
    • the medication provided nowadays ensures very little “pain and suffering” , nobody ‘deserves’ to end a life , anyway what illnesses would be your cut off point ?

      Reply
    • I hope you never get a chance to experience what “palliative care” is really like.

      Reply
    • I have cared for both a friend & a relative before their death.
      Both wanted to live, to the end of their natural lives.
      In both cases the palliative care was excellent.
      Modern medicine can do much, to greatly ease any pain or discomfort.

      Reply
    • You are so ignorant of MS i have a family member with MS she had primary progessive ms and there is no medication or treatnent for this type and she is im constant pain, dont comment on something you know nothing about

      Reply
    • I don’t know about MS, – but I do know about other terminal illness.
      If you had read my comment, – I have first hand experience of caring for someone with such an illness, and I understand fully the issues involved.
      Sorry if I disagree with your viewpoint.
      Is it ok with you – if I just express my view, – & my own experience?

      Reply
    • Sorry Zoe we got our lines crossed i was replying to comment from freebies ireland above

      Reply
    • Thats ok Tom. –
      by the the way I fully respect what you are saying , – & I know that as a family member of someone who is ill, how difficult & stressful it is.
      Take care & all the best.

      Reply
  • This is an exceptional case, there could be exceptions made in relation to circumstances such as this. I hope this lady gets some justice.

    Reply
    • It is indeed an exceptional case but unfortunately, if exceptions are made then it’s used as a legal precedent. Not that I’m at all against the “right to die” but hard cases like this make for bad legislation.

      So hearbreaking for herself and her family and fair play to them all to continue to pursue this.

      Reply
    • Caroline. I dont know if its an exceptional case but it might be the first one of its kind in the state. However if it were a sucessful appeal then many others would be sure to follow. I am not saying that everyone in this situation will want to end their own life, but the lawmakers have to be careful of precedent. Also rushing it through without all the i’s dotted and t’s crossed will lead to poor legislation as Tony Iona says.

      So I believe (or maybe hope) that legislation will be made to allow for this, if not now then in the future some time. I fear it may not come soon enough for Marie Fleming, unfortunatly, but I hope I am wrong.

      I hope she is she wins her appeal. It would be groundbreaking. She deserves to make her own choice and die with dignity.

      Reply
  • Heart breaking story , hope she gets it overturned and she’s allowed to die with dignity ..

    Reply
  • We wouldn’t hesitate putting an animal down if they were dying & suffering needlessly, so why not treat humans with the same dignity? Laws need to be introduced to allow people with certain conditions and who are of sound mind to make their own decision on how they wish to die. I really hope Marie Fleming wins her case, it’s heart breaking to think of the suffering she’ll have to indure if she doesn’t.

    Reply
  • Aidan 26/02/13 #

    I and anyone else should be allowed specify how they wish to go. It’s no one else’s right to decide.

    Reply
  • Unless you are in the same position its hard to understand whats right and whats wrong its up to the person who is sic to decide and only they will know

    Reply
  • fergus 26/02/13 #

    Typical of this country this lady wants to die with dignity while or so called law makers ditter over this decision her suffering continues.

    Reply
  • While I appreciate this is a very sad case, – & this lady has every right to bring her case to the courts.
    However the danger is, that it could set a precedent, – and that at some stage in the future, the law could potentially be exploited.
    Recently in the UK there was controversy, over terminally ill people in care homes. Relatives were concerned that they were being deprived of fluids etc, in order to ‘speed up’ their deaths.
    Having helped care for a friend, who was suffering from a terminal illness, I have some experience in this area.
    Many elderly people in nursing homes, are ‘worried about being a burden’ – but they want to live out their lives to their natural end. They are often frightened & vulnerable.
    Any change in the law, will make these vulnerable people even more frightened.
    We need to consider this case of Ms Fleming, not in isolation, – but to consider its future implications for our society.

    Reply
    • I never understand this argument. Because there are some people who might be leaned on to make choices they don’t really want, no one else can have the choice either?

      I’m in no doubt that decisions are frequently being taken which will speed up or slow down someone’s death. You’d have to have a very pessimistic view of the world to assume that this is anything other than medical staff doing what they genuinely feel to be right for a specific patient.

      So wouldn’t it be better if we could bring this discussion into the open, so that no one has to guess someone else’s intentions or hide what they’re doing. Then we can all die in a dignified way in the manner of our choosing, rather than worrying that our wishes will be ignored. Doesn’t that sound like a more effective way to protect the vulnerable?

      Reply
    • Recently the UK, there was huge controversy, regarding the NHS treatment of some terminally ill people.
      In some UK hospitals relatives, were concerned at the treatment of patients.
      Without the families, – or the patients consent, – fluids & hydration were being restricted leading up to a ‘speeding up’ of death.
      This case could POSSIBLY, open the door to such things happening, in the future.
      That is not being ‘pessimistic’ – that is the reality.
      The judges & courts have to tread carefully here.
      They have to balance, compassion for one individual case, but also to consider future ramifications.

      Reply
  • Any update on this

    Reply

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