A proposed law in Scotland that would allow terminally-ill
and incapacitated people to seek help with suicide could violate some European
human rights laws according to legal experts.
The proposal will make assisted suicide or euthanasia lawful
in certain circumstances.
Margo MacDonald, who was terminally-ill, had first
introduced the law before her death in April. It was a revision of her previous assisted
suicide bill that also failed due to lack of Scottish Parliament support.
The Faculty of Advocates said “If Parliament is to pass
legislation to protect persons from what would otherwise be the legal
consequences of assisting another person to commit suicide, the Faculty
considers it is important that such legislation is clear, readily understood,
and not just by lawyers, that key terms are well-defined and not open to a
variety of interpretations, and that the penalties for breach of the
requirements of the legislation are spelled out.
“Otherwise, persons wishing the protection of the
legislation will be unclear as to whether their acts are protected and may
render themselves liable to prosecution for serious crimes or subsequent review
of their conduct in a civil court.
“The Faculty considers that the Bill as currently drafted
may not achieve these essential goals.”
The Law Society of Scotland said the Bill could breach the
European Convention on Human Rights.
In England and Wales, the Suicide Act 1961 considers
assisting someone’s suicide or suicide attempt is an offence. This is also the
same in Northern Ireland.
