Assisted Suicide Considered by Court

Person with MS asks the courts to relax legislation so her partner can help her die

In a landmark court case person with MS Marie Fleming gives evidence in the High Court today contesting the validity of the Criminal Law Suicide Act 1993. Under the act a person who assists another to die faces prosecution. Ms Fleming wishes the law to be changed so her partner can assist her to die with dignity at home when the time is right.

Ms Fleming has being living with MS for 27 years. She is a full time wheelchair user and has lost power in her limbs. Her speech and swallowing has been affected and she suffers with pain. Ms Fleming lives in Wicklow with her partner Tom Curran. She has two adult children.

Ms Fleming’s action cites that the 1993 act contravenes her rights to autonomy and dignity under the constitution and the European Constitution of Human Rights. She wants the section referring to assisted suicide to be changed. Alternatively she wants the Director for Public Prosecution to set out the factors which would be considered when prosecuting someone who has assisted another to die.

The High Court will sit for four days and will also hear evidence relating to medical issues.

Assisted suicide is a topic the vast majority of people with MS will never consider and indeed many people may find the subject matter too upsetting. However, for a small number of people with MS it may be a consideration.

MS Ireland’s Chief Executive Ava Battles says the Society has an impartial stance on the issue,

“MS Ireland believes that people with MS have the right to make decisions about their own life including what services to use, treatment options and end of life issues. As such we believe assisted suicide is a personal choice."

"Like any person wishing to protect their rights we understand Ms Fleming’s legal action and need to guard her family. We will welcome a decision from the courts as it will offer some clarity in a controversial issue.”

MS is a progressive neurological condition and while the vast majority live relatively comfortable lives with available services and supports, a small proportion face significant challenges. For everyone living with MS having the right services, treatments and interventions is important to maintain a good quality of life. This is especially important for those with advanced MS who may require more care and medical attention.

Having good medical and community services and a responsive palliative care route are important ways to support people to live their lives. MS Ireland works and lobbies for better services at a local and national level.

MS Ireland is the only national organisation providing information, support and advocacy services to people with MS in Ireland. Our mission is ‘to enable and empower people with MS to live the life of their choice to their fullest potential’. Our work and services revolve around supporting peoples lives with MS. MS Ireland does not provide information about assisted suicide to clients, in accordance with law, but is aware that a some people have sought advice elsewhere.

If you have MS and are concerned about the topic discussed here feel free to contact our MS Information Line on 1850 233233 or your local regional office today.

10th January 2013
Todays reporting from RTE News

2012
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