Tony Nicklinson Loses Court 'Right-to-Die' Case...UK

A man paralyzed from the neck down has lost his High Court case to allow doctors to end his life without fear of prosecution. Tony Nicklinson, 58, from Melksham, Wiltshire, UK, communicates by blinking and has described his life as a "living nightmare" since a stroke in 2005.

Mr Nicklinson said he would appeal the decision. The case went further than previous challenges to the law in England on assisted suicide and murder. Father-of-two, Mr Nicklinson was left paralyzed with locked-in syndrome after a catastrophic stroke while on a business trip to Athens. He said he was "devastated" by the court's decision.
"Although I didn't want to raise my hopes, it happened anyway because a fantastic amount of work went into my case and I thought that if the court saw me as I am, utterly miserable with my life, powerless to do anything about it because of my disability then the judges would accept my reasoning that I do not want to carry on and should be able to have a dignified death.
"I am saddened that the law wants to condemn me to a life of increasing indignity and misery."

Explaining the decision, Lord Justice Toulson, said all such cases were "deeply moving". However he added: "A decision to allow their claims would have consequences far beyond the present cases. To do as Tony wants, the court would be making a major change in the law."

"It is not for the court to decide whether the law about assisted dying should be changed and, if so, what safeguards should be put in place".

"Under our system of government these are matters for Parliament to decide."

The case differed from other "right-to-die" cases which have focused on assisted suicide. Mr Nicklinson would be unable to take lethal drugs, even if they were prepared by someone else.  For someone else to kill him would amount to murder. The rulings were welcomed by the group SPUC Pro-Life. Paul Tully from the organization said: "Compassion and solidarity are the humane and caring responses to locked-in syndrome. To legalize killing of those who are suffering would adversely affect many, many people.

"We trust that today's judgment will help end the insidious campaign in the British courts to change the law on assisted suicide and euthanasia." The British Medical Association said the court had made "the right decision".
Dr Tony Calland, from the BMA's medical ethics committee, said "The BMA does not believe that it would be in society's best interests for doctors to be able to legally end a patient's life.
"The BMA is opposed to the legalization of assisted dying and we are not lobbying for any change in the law in the UK".

Prof John Saunders, Royal College of Physicians: ''This is not about the right-to-die, this is about a right to enable a third party to actively terminate his life for him''

The case was contested on the issue of "necessity" arguing that the only way to end Mr Nicklinson's suffering is to allow him to die. Mr Nicklinson's team also argued that his case is covered by Article Eight of the European Convention on Human Rights which deals with the right to respect for private and family life.

Wrong, wrong, wrong! Granted, someone would have to assist Mr. Nicklinson, actively, to terminate his life but a doctor should be allowed to do that. We do not have the right to prolong someone's agony and suffering when all they long for is peace and release. Often, the family suffers just as much as the patient and the patients feel like a tremendous burden to their loved ones. They also feel like a financial drain on the family resources. And as Mr Nicklinson so poignantly put it, he is now condemned to a life of increasing misery and indignity. Can we not allow people who apply for  the 'right-to die' some control over their own lives, if they are of sound mind, and  allow them to pass from life with  dignity? We are not making God-like decisions by allowing them the right to die. We are making God-like decisions by forcing them to live against their wills.