Conway, R (on the application of) v The Secretary of State for Justice & Ors [2018] EWCA Civ 1431 (27 June 2018)

Conway, R (on the application of) v The Secretary of State for Justice & Ors [2018] EWCA Civ 1431 (27 June 2018)

Section 2(1) of the Suicide Act 1961 is compatible with Article 8 ECHR. The prohibition pursues legitimate aims, is rationally connected to those aims, and is necessary and proportionate. The court must accord significant weight to Parliament's assessment in this area of contested social and moral policy, and the evidence does not demonstrate that the proposed alternative scheme would adequately protect the vulnerable. The appeal is dismissed and no declaration of incompatibility is made.

Citation
[2018] EWCA Civ 1431
Parties
Appellant/claimant: Noel Conway; Respondent/defendant: Secretary of State for Justice; Intervener: Humanists UK; Intervener: Not Dead Yet (UK); Intervener: CNK Alliance Ltd
Jurisdiction
England and Wales
Judgment Date
27 June 2018
Procedural Posture
Judicial Review (human Rights Act Declaration of Incompatibility) / Appeal From Divisional Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Assisted Suicide, Article 8 ECHR (right to Private Life), Section 2(1) Suicide Act 1961, Proportionality, Margin of Appreciation, Parliamentary Sovereignty, Judicial Deference
Constitutional Law Human Rights Law Criminal Law Medical Law Assisted Suicide Article 8 ECHR (right to Private Life) Section 2(1) Suicide Act 1961 Proportionality +3 more

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Parties

Noel Conway

Appellant/claimant

Secretary of State for Justice

Respondent/defendant

Humanists UK

Intervener

Not Dead Yet (UK)

Intervener

CNK Alliance Ltd

Intervener

Procedural Posture

Judicial Review (human Rights Act Declaration of Incompatibility) / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Whether section 2(1) of the Suicide Act 1961 is a disproportionate interference with Article 8 ECHR rights
  2. 2 Whether a declaration of incompatibility should be made under section 4 Human Rights Act 1998
  3. 3 Whether the court should defer to Parliament's assessment on assisted suicide

Ratio Decidendi

Section 2(1) of the Suicide Act 1961 is compatible with Article 8 ECHR. The prohibition pursues legitimate aims, is rationally connected to those aims, and is necessary and proportionate. The court must accord significant weight to Parliament's assessment in this area of contested social and moral policy, and the evidence does not demonstrate that the proposed alternative scheme would adequately protect the vulnerable. The appeal is dismissed and no declaration of incompatibility is made.

Court Disposition

Appeal dismissed

Orders

  • No declaration of incompatibility under section 4 Human Rights Act 1998
  • Section 2(1) of the Suicide Act 1961 remains in force