Human Rights, judicial activism or deference and the case of assisted suicide

Steve Foster

Human Rights, judicial activism or deference and the case of assisted suicide

Steve Foster

School of Law

Research output: Contribution to journal › Article › peer-review

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Abstract

Whether a person has the "right to die' and whether domestic law should facilitate such a right, specifically through assisted suicide, has been the subject of intense public and legal debate since the first litigation in 2002.1 Legally, the issue is whether the right to life, or any other Convention right, incorporates the right to die, and whether any restriction on any such right is necessary and proportionate under the tests laid down in the European Convention on Human Rights (as given effect to in the UK Human Rights Act 1998). Yet this legal question is heavily influenced by other factors and questions:

Original language	English
Pages (from-to)	69-86
Number of pages	18
Journal	Coventry Law Journal
Volume	24
Issue number	1
Publication status	Published - 30 Jul 2019

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.

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 3 Good Health and Well-being

Keywords

Assisted Suicide
human rights
JUDICIAL DEFERENCE

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Cite this

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AB - Whether a person has the "right to die' and whether domestic law should facilitate such a right, specifically through assisted suicide, has been the subject of intense public and legal debate since the first litigation in 2002.1 Legally, the issue is whether the right to life, or any other Convention right, incorporates the right to die, and whether any restriction on any such right is necessary and proportionate under the tests laid down in the European Convention on Human Rights (as given effect to in the UK Human Rights Act 1998). Yet this legal question is heavily influenced by other factors and questions:

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KW - JUDICIAL DEFERENCE

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Human Rights, judicial activism or deference and the case of assisted suicide

Abstract

Bibliographical note

UN SDGs

Keywords

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Cite this