Assisted dying and the European Court of Human Rights. Time for a change of heart?

Steve Foster

Research output: Contribution to journalArticlepeer-review

20 Downloads (Pure)

Abstract

The topic of assisted dying, including euthanasia, ‘mercy killing’ and assisted suicide, has excited much legal, moral, ethical and political debate in both the United Kingdom and in Europe over the last 20 years. The European Court of Human Rights has recently held a hearing with respect to the compatibility of Hungarian law with the European Convention on Human Rights in this area. This will provide the Court with another opportunity to rule on whether the state has a duty to allow assisted dying and thus offer individuals the right to a dignified death.
This short article will detail the claims made in this case, before assessing its likely success in line with the existing jurisprudence of the European Court in this area. The account of existing case law will also highlight the various claims made to the Court with respect to assisted dying, both from those seeking a dignified death, and others who challenge domestic law and practice that allows assisted dying.
Original languageEnglish
Article number6
Pages (from-to)61-68
Number of pages8
JournalCoventry Law Journal
Volume28
Issue number2
Publication statusPublished - 15 Jan 2024

Bibliographical note

Copyright © and Moral Rights are retained by the author(s) and/ or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This item cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder(s). The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders.

This document is the author’s post-print version, incorporating any revisions agreed during the peer-review process. Some differences between the published version and this version may remain and you are advised to consult the published version if you wish to cite from it.

Keywords

  • Assisted suicide
  • Freedom of thought conscience and religion
  • Hungary
  • Inhuman or degrading treatment or punishment
  • Right to respect for private and family life

Fingerprint

Dive into the research topics of 'Assisted dying and the European Court of Human Rights. Time for a change of heart?'. Together they form a unique fingerprint.

Cite this