European Court of Human Rights Case Review
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Questions and Answers

What two fundamental moral values are mentioned as being mutually inconsistent in the issue discussed?

  • Truth and Compassion
  • Freedom and Equality
  • Sanctity of Life and Personal Autonomy (correct)
  • Choice and Justice

Which body is indicated as the proper organ for deciding controversial moral and social dilemmas?

  • The Executive
  • Parliament (correct)
  • Local Government
  • The Judiciary

What does the author suggest might be a consequence of declaring section 2 of the Suicide Act incompatible with the Convention?

  • Increased legal protections for assisted suicide
  • Insufficient protection for vulnerable individuals (correct)
  • A complete rid of the blanket ban
  • Greater autonomy for patients at the end of life

What was the conclusion regarding Parliament’s position on the law?

<p>It has left the law as it is for the time being. (A)</p> Signup and view all the answers

According to the argument, what factor complicates the decision on assisted suicide?

<p>The issue's moral and social dimensions. (D)</p> Signup and view all the answers

The author expresses no final view on what issue?

<p>Legalization of assisted suicide (C)</p> Signup and view all the answers

What implication does the author suggest if Parliament were to abdicate its responsibility?

<p>It could lead to a constitutional crisis. (C)</p> Signup and view all the answers

What was a significant amendment made to the Suicide Act mentioned in the content?

<p>It was amended in 2009 without changing the principle. (B)</p> Signup and view all the answers

What aspect did Lord Reed emphasize regarding the courts' role in assessing Parliament's decisions on controversial social issues?

<p>The courts should attach considerable weight to Parliament’s assessment. (C)</p> Signup and view all the answers

According to Baroness Hale, what was the main flaw in the current law regarding assisted suicide?

<p>It contained a general prohibition without any exceptions. (D)</p> Signup and view all the answers

What was the basis for Lord Reed’s conclusion about the compatibility of section 2 of the Suicide Act 1961 with the Convention?

<p>It raised highly controversial questions of social policy. (D)</p> Signup and view all the answers

What did Baroness Hale suggest could justify a general ban on assisted suicide?

<p>Protecting the vulnerable individuals. (C)</p> Signup and view all the answers

How does the concept of democratic accountability relate to Parliament's decisions on social policies?

<p>Parliament's decisions should be respected due to its representative nature. (B)</p> Signup and view all the answers

What is implied about the relationship between courts and Parliament in determining social policy issues?

<p>Parliament's variations in judgment should be prioritized in the courts. (C)</p> Signup and view all the answers

What does the content suggest about the courts' view towards controversial social policy issues?

<p>Courts should consider community standards and Parliament's perspective. (B)</p> Signup and view all the answers

What might be a consequence of the courts not respecting parliamentary assessments in controversial issues?

<p>Potential instability in the legal framework for social policies. (C)</p> Signup and view all the answers

What was the main purpose of the Commission on Assisted Dying?

<p>To consider the legal and policy approach to assisted dying in England and Wales (B)</p> Signup and view all the answers

Who chaired the Commission on Assisted Dying?

<p>Lord Falconer (B)</p> Signup and view all the answers

What ethical principle was NOT mentioned as part of the assisted dying debate?

<p>The importance of financial considerations (C)</p> Signup and view all the answers

What does section 4(2) of the Human Rights Act 1998 allow a court to do?

<p>Declare a provision of primary legislation incompatible with a Convention right (C)</p> Signup and view all the answers

Which article of the Convention did the first applicant claim was violated?

<p>Article 8 (C)</p> Signup and view all the answers

What does section 4(6) of the Human Rights Act 1998 clarify?

<p>Declarations do not affect the validity of the legislative provision (D)</p> Signup and view all the answers

What was a key finding of the Commission regarding the ethical principles discussed?

<p>Every ethical principle had a strong opposing viewpoint (B)</p> Signup and view all the answers

What does Article 35 § 3 (a) of the Convention refer to regarding applications?

<p>Applications can be declared inadmissible if ill-founded. (C)</p> Signup and view all the answers

Which Articles did the second applicant complain under?

<p>Article 6, 8, 13 and 14 (A)</p> Signup and view all the answers

What is the significance of the rule of exhaustion of domestic remedies?

<p>It ensures that national authorities can address allegations of violations. (A)</p> Signup and view all the answers

What must be shown for a complaint to be admissible at the international level?

<p>The complaints must have been aired before domestic courts in substance. (D)</p> Signup and view all the answers

Which is a requirement for the judicial procedure mentioned by the second applicant?

<p>It must authorize voluntary euthanasia in cases similar to his. (A)</p> Signup and view all the answers

What is the primary purpose of the rule of exhaustion of domestic remedies?

<p>To ensure national courts can offer redress for violations. (B)</p> Signup and view all the answers

What approach does the rule of exhaustion of domestic remedies emphasize?

<p>Flexibility without excessive formalism. (A)</p> Signup and view all the answers

What may result from not exhausting domestic remedies according to the international legal framework?

<p>The application may be declared inadmissible. (B)</p> Signup and view all the answers

What was Mr. Nicklinson's primary concern regarding his family's reaction to his condition?

<p>He wanted to avoid causing them pain and suffering. (D)</p> Signup and view all the answers

Under English law, what would Mr. Nicklinson's preference for a lethal injection amount to?

<p>Murder. (C)</p> Signup and view all the answers

What significant challenge does the second applicant face regarding his desire to end his life?

<p>He lacks the physical ability to commit suicide even with assistance. (B)</p> Signup and view all the answers

What kind of law did Mr. Nicklinson challenge when he went to the High Court?

<p>The law on assisted suicide and murder. (B)</p> Signup and view all the answers

What does the Suicide Act 1961 prohibit in relation to assisted suicide?

<p>It criminalizes encouraging or assisting a person in committing suicide. (C)</p> Signup and view all the answers

What type of pain does the second applicant experience due to his medical condition?

<p>Chronic physical pain. (C)</p> Signup and view all the answers

What aspect of his life does the second applicant feel he lacks due to his condition?

<p>Autonomy. (A)</p> Signup and view all the answers

What was one of the purposes of Mr. Nicklinson's application to the High Court?

<p>To assert that medical assistance to end his life could be lawful. (C)</p> Signup and view all the answers

What did Lord Hughes emphasize as the proper forum for deciding on changes related to assisted suicide?

<p>Parliament is the appropriate body to make such decisions. (C)</p> Signup and view all the answers

According to Lord Clarke, what should happen if Parliament does not debate the issues surrounding assisted suicide?

<p>The court is expected to intervene in such cases. (D)</p> Signup and view all the answers

What constitutes a key concern regarding the legalization of assisted suicide according to Lord Hughes?

<p>The preservation of life and protection of the vulnerable. (D)</p> Signup and view all the answers

Which statement reflects Lord Reed's perspective on the Human Rights Act's role?

<p>It adjusts the balance of power among the courts, executive, and legislature. (A)</p> Signup and view all the answers

What did Lord Clarke express about the outcome if Parliament debates and maintains the law as is?

<p>No declaration of incompatibility should be made. (B)</p> Signup and view all the answers

What major infrastructure would be necessary if changes to assisted suicide legislation were to be implemented according to Lord Hughes?

<p>An infrastructure of safeguards. (A)</p> Signup and view all the answers

What did Lord Hughes believe the 1961 Act represented in the context of assisted suicide?

<p>A balance between public interest and private desires. (C)</p> Signup and view all the answers

What is the primary principle that should guide the decision-making process concerning assisted suicide, according to Lord Hughes and Lord Clarke?

<p>Parliament's thorough investigation and consideration are paramount. (C)</p> Signup and view all the answers

Flashcards

Voluntary euthanasia

Ending a life of a person at their request, usually by lethal injection.

Murder under English law

Criminal act of taking a human life unlawfully.

Suicide Act 1961

British law prohibiting encouraging or assisting suicide.

Assisted suicide

Providing means for someone to commit suicide.

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Article 2 of the European Convention

Protects individuals' right to life.

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Article 8 of the European Convention

Protection of private and family life.

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High Court Proceedings

Legal action taken in a UK High Court environment.

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Common Law Defence of Necessity

Legal justification in extreme situations to commit an otherwise unlawful action to save from harm.

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Moral Values Conflict

When two important moral values, like protecting life and individual freedom, clash and there's no clear agreement in society on which is more important.

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Parliament's Role

Parliament acts as the primary body responsible for making decisions about controversial issues with complex moral and social implications, even when there are strong arguments on both sides.

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Balancing Rights

The court recognized that protecting the right to life (Article 2) sometimes needs to balance with the right to personal autonomy (Article 8).

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Assisted Suicide: A Legislative Matter

The court decided that whether assisted suicide should be allowed is a decision best left to Parliament, as the representative body, to make.

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Blanket Ban Justification

Parliament might argue that a blanket ban on assisted suicide is necessary to protect vulnerable people, even if it restricts individual freedom.

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Law's Stance

Parliament has decided that the law on assisted suicide will stay as it is for now.

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No Abdication

The court clarified that Parliament hasn't avoided making a decision about assisted suicide – it has decided to keep the law as it is for now.

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Legislative Issue

Deciding whether to allow assisted suicide is fundamentally a political issue that needs to be addressed by elected representatives.

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Public Interest vs. Individual Rights

The law balances protecting vulnerable people and preserving life with respecting people's choices to end their lives.

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Safeguards for Assisted Suicide

Significant changes in the assisted suicide laws would likely require a framework to ensure safety and prevent abuse.

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Court's Role in Law Change

Courts can't create new laws regarding assisted suicide. Parliament must debate and decide.

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Declaration of Incompatibility

The court can declare a law incompatible with the Human Rights Act, prompting Parliament to review it.

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Popular Acceptance

Significant law changes about assisted suicide should have broad public agreement and be debated fully.

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Human Rights Act's Impact

This Act shifted the balance of power somewhat, with courts now playing a role in reviewing laws.

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Adjusting Roles (Courts, Parliament & Executive)

The Human Rights Act has changed how courts, Parliament, and the government work together.

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Exhaustion of Domestic Remedies

The rule that someone must exhaust all legal options within their own country before taking a case to an international court.

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International Convention

A treaty signed by multiple countries, setting standards for human rights.

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Article 35 § 3 (a)

A specific part of the European Convention that defines an application as clearly lacking legal basis.

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Article 35 § 4

A part of the Convention that allows an application to be considered inadmissible - that is, rejected.

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Judicial Procedure

A formal process in court, allowing decisions to be made.

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Supreme Court Judgment

The final decision made by the highest court in a country.

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Fairness

Treating everyone equally and with justice.

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Margin of Appreciation

The amount of leeway given to national governments in interpreting and applying human rights conventions, recognizing differences in social, cultural, and political contexts.

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Parliament's Role in Rights

Parliament's role is crucial in balancing human rights with wider societal interests, especially when dealing with controversial issues like assisted suicide.

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Courts' Respect for Parliament's Assessment

Courts should give considerable weight to Parliament's decisions on issues involving complex social and moral dilemmas, respecting the democratic process.

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Compatibility with Convention Rights

Courts assess whether laws and policies align with human rights principles enshrined in international conventions like the European Convention on Human Rights.

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Justification for Assisted Suicide Ban

A complete ban on assisted suicide may not be justified solely by the need to protect the vulnerable; a more nuanced approach is needed.

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Exceptions to the Assisted Suicide Ban

The current law's lack of exceptions makes it incompatible with Article 8, suggesting the need for a more flexible approach to assisted suicide.

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Courts' Role in Assessing Incompatibility

Courts have the power to declare laws incompatible with human rights, making a clear statement that a law violates fundamental rights.

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Commission on Assisted Dying

A group established in 2010 to investigate the legal and ethical aspects of assisted dying in England and Wales.

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Ethical Principles in Assisted Dying

The debate surrounding assisted dying involves a complex interplay of ethical principles, including individual autonomy, the value of human life, compassion, protecting vulnerable people, and non-discrimination towards disabled people.

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Conflicting Ethical Principles

Arguments about assisted dying often highlight that every ethical principle supporting it has a strong opposing argument.

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Human Rights Act 1998

This UK law incorporates the European Convention on Human Rights into British law, allowing courts to rule on whether legislation complies with human rights principles.

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Article 8 Rights

These rights protect an individual's right to respect for their private and family life.

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Parliament's Role in Assisted Dying

The UK Parliament, as the elected body, has the ultimate power to decide whether to change the law on assisted dying.

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Study Notes

Decision of the European Court of Human Rights

  • The European Court of Human Rights (Fourth Section) heard applications 2478/15 and 1787/15 concerning Jane Nicklinson and Paul Lamb against the United Kingdom.

Facts of the Case

  • Jane Nicklinson: A British national born in 1955, living in Melksham, represented by Bindmans LLP. Suffered a catastrophic stroke in 2004 resulting in locked-in syndrome. Desired voluntary euthanasia but unable to commit suicide without assistance.

  • Paul Lamb: A British national born in 1955, living in Glasgow, represented by Patrick Campbell & Co. Suffered a car accident in 1990 resulting in paralysis with his right hand usable for limited actions. Desired suicide assistance.

Domestic Proceedings

  • Mr. Nicklinson: In 2011, filed a claim in High Court seeking a declaration that a common-law defence of necessity could allow assisted suicide, or that existing laws violating Article 2 & 8 of the European Convention on Human Rights. The claim was struck down, focusing on the compatibility of assisted suicide with Article 8.

  • Mr. Lamb: Joined the claim in 2013. Both applications unanimously dismissed.

Court of Appeal

  • Appeal: In 2013, both applications dismissed, citing a lack of common-law defence to assisted suicide & Article 8 ruling not for the courts but the legislature.

Supreme Court

  • Appeal: 2014 unanimous decision dismissing the appeal. The court acknowledged the applicants' rights under Article 8 of the Convention but held that the issue of assisted suicide was a matter for the legislature to determine within the United Kingdom's margin of appreciation. The court found that the current UK law on assisted suicide was compatible with Article 8.

Complaints

  • Jane Nicklinson and Paul Lamb complained that domestic courts violated Article 8 (respect for private life) rights, and sought a judicial procedure for assisted suicide.

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NICKLINSON AND LAMB v. THE UNITED KINGDOM PDF

Description

This quiz explores the significant case of Jane Nicklinson and Paul Lamb against the UK, focusing on their desire for assisted suicide following debilitating health conditions. It examines the legal proceedings, the arguments made, and the implications for human rights. Test your understanding of this landmark decision and its relevance to contemporary human rights issues.

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