Conway, R (on the application of) v The Secretary of State for Justice & Ors

Conway, R (on the application of) v The Secretary of State for Justice & Ors

Section 2(1) of the Suicide Act 1961 is a justified and proportionate interference with Article 8 rights, pursuing legitimate aims including protection of the vulnerable, sanctity of life, and trust in the medical profession. The proposed alternative scheme does not sufficiently mitigate risks of coercion, inaccurate prognosis, and undermining of medical ethics. Parliament is better placed than the courts to assess and balance these complex issues. The blanket ban strikes a fair balance and is not incompatible with Article 8. The appeal is dismissed.

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 / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Assisted Suicide, Right to Private Life, Article 8 ECHR, Proportionality, Sanctity of Life, Autonomy, Judicial Deference, Margin of Appreciation
Constitutional Law Human Rights Law Criminal Law Medical Law Assisted Suicide Right to Private Life Article 8 ECHR Proportionality +4 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 / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether section 2(1) of the Suicide Act 1961 is a disproportionate interference with the right to respect for private life under Article 8 ECHR
  2. 2 Whether a declaration of incompatibility should be made under section 4 of the Human Rights Act 1998 in respect of section 2(1)
  3. 3 Whether the proposed alternative statutory scheme provides adequate safeguards for the weak and vulnerable

Ratio Decidendi

Section 2(1) of the Suicide Act 1961 is a justified and proportionate interference with Article 8 rights, pursuing legitimate aims including protection of the vulnerable, sanctity of life, and trust in the medical profession. The proposed alternative scheme does not sufficiently mitigate risks of coercion, inaccurate prognosis, and undermining of medical ethics. Parliament is better placed than the courts to assess and balance these complex issues. The blanket ban strikes a fair balance and is not incompatible with Article 8. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no declaration of incompatibility made; respondent’s notice dismissed