Tony Nicklinson v Ministry of Justice  EWHC 304 (QB)
Tony Nicklinson (claimant) became paralysed from the neck down after suffering a stroke. Due to his appalling lifestyle, the claimant sought declarations from the High Court of Justice in England that:
- It would not be unlawful for a doctor to terminate his life on the grounds of necessity.
- The criminalisation of voluntary active euthanasia and assisted suicide is incompatible with his human right to respect of private life.
- Existing law contravenes human rights in that it fails to regulate the practice of active euthanasia.
The role of the court was to determine whether he had any real prospect of success at trial.
The claimant submitted in (a) that the defence of necessity arose because only death could end his unbearable suffering and the doctor would be fulfilling their duty to respect his rights of autonomy and ease his suffering.
The court held that the claimant had an arguable case under (a), finding that it is preferable for parliament to decide on such issues, but a law court may decide on a case-by-case basis, that the common law position potentially lacked logic (he could lawfully end his life but an assistant cannot) and that his arguments have not yet been put before a court.
For similar reasons, the court found that he had an arguable case under (b) as an alternative. The court refused (c) as the argument did not relate to his circumstances and was not based on his asserted rights.
Health Insurance (Poly Implant Prosthese MRI) Determination 2012 - F2012L00566 " as made
Australia. Department of Health and Ageing
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Australia. National Health and Medical Research Council
Australia. Therapeutic Goods Administration
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Australia. Private Health Insurance Administration Council
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New Zealand. Ministry of Health
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United Kingdom. Department of Health
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Australian Medical AssociationAMA takes action to prevent bullying
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