Important News From NDY UK: Noel Conway Loses His Assisted Suicide Court Case

Looking at the picture of Noel Conway wearing a breathing mask like mine in today’s Guardian article “Terminally ill Noel Conway loses challenge to assisted dying ban“, I can’t help but feel a profound sense of relief. I acknowledge that acquiring a progressive neuromuscular disability later in life as Conway did is different than growing up with one as I did, but his claim of being “entombed” by his illness is more a reflection of his personal psychology than objective fact. And, let’s face it, he’s had more time to adapt to these physical changes than someone with a high spinal cord injury who faces a sudden and complete change with no gradual process.

According to the Guardian article, Conway seems to believe that his only option without assisted suicide is a difficult death by suffocation or traveling to Switzerland. I’m not sure where he got that suffocation idea, but it is not consistent with the standard of medical care. Hospice and palliative care professionals have been facilitating comfortable deaths when breathing support is removed for at least three decades.

Fortunately, Not Dead Yet UK has been active in the Conway case from its early stages, and intervened to provide evidence from a disability perspective in the proceedings resolved in this latest Court ruling. Below is NDY UK’s press release about this important legal victory. They have our deepest gratitude and respect.

NOEL CONWAY LOSES HIS ASSISTED DYING CHALLENGE

Phil Friend from Not Dead Yet, which intervened in the case, said:

“We’re pleased that the Court of Appeal upheld the decision of the Divisional Court which had refused the claim that the prohibition on assisted dying is incompatible with the Human Rights Act.

“We’re particularly pleased that the court recognised some of the concerns in our submission around the dangers of legalising assisted dying. These include issues such as safeguards for people who might be at risk of coercion, the difficulties in predicting death within six months, and whether any scheme might be extended (as has happened in Belgium).

“The debate will continue, but we remain firm in our view that assisted dying opens the door to risks and dangers driven by attitudes about disabled people and their lives. It’s worth noting that no disability charity or organisation is campaigning for a change in the law around assisted dying. We want support to live, not to die.

“We’ve seen two recent NHS reports which catalogue the systemic failures to provide appropriate care for disabled people, resulting in their premature and unnecessary deaths. Until disabled people are seen, and treated, as equals in our society, the law must protect them.

“Our thanks go to Fry Law and Cloisters Chambers, which provided pro bono representation.”