Fleming v Ireland & ors [2013] IESC 19 (29 April 2013)

Fleming v Ireland & ors [2013] IESC 19 (29 April 2013)

There is no constitutional right to assisted suicide or to be assisted in ending one's life. Section 2(2) of the Criminal Law (Suicide) Act, 1993, which criminalises assisting suicide, is not unconstitutional nor incompatible with the European Convention on Human Rights. The Oireachtas is entitled to legislate in this area to protect vulnerable persons and uphold the sanctity of life. The prohibition is within the range of constitutionally permissible legislative choices and does not violate the appellant's rights to autonomy, bodily integrity, or equality.

Citation
[2013] IESC 19
Parties
Plaintiff/appellant: Marie Fleming; Defendant/respondent: Ireland; Defendant/respondent: Attorney General; Defendant/respondent: Director of Public Prosecutions; Amicus Curiae: Irish Human Rights Commission
Jurisdiction
Ireland
Judgment Date
29 April 2013
Procedural Posture
Constitutional Challenge / Appeal / Supreme Court Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Assisted Suicide, Right to Life, Personal Autonomy, Equality, Proportionality, Disability Rights
Constitutional Law Criminal Law Human Rights Law Assisted Suicide Right to Life Personal Autonomy Equality Proportionality +1 more

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Parties

Marie Fleming

Plaintiff/appellant

Ireland

Defendant/respondent

Attorney General

Defendant/respondent

Director of Public Prosecutions

Defendant/respondent

Irish Human Rights Commission

Amicus Curiae

Procedural Posture

Constitutional Challenge / Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether s.2(2) of the Criminal Law (Suicide) Act, 1993 is unconstitutional for prohibiting assisted suicide
  2. 2 Whether s.2(2) is incompatible with the European Convention on Human Rights
  3. 3 Whether there is a constitutional right to assisted suicide or to be assisted in ending one's life

Ratio Decidendi

There is no constitutional right to assisted suicide or to be assisted in ending one's life. Section 2(2) of the Criminal Law (Suicide) Act, 1993, which criminalises assisting suicide, is not unconstitutional nor incompatible with the European Convention on Human Rights. The Oireachtas is entitled to legislate in this area to protect vulnerable persons and uphold the sanctity of life. The prohibition is within the range of constitutionally permissible legislative choices and does not violate the appellant's rights to autonomy, bodily integrity, or equality.

Court Disposition

Appeal dismissed

Orders

  • Declaration that s.2(2) of the Criminal Law (Suicide) Act, 1993 is not unconstitutional
  • Declaration that s.2(2) is not incompatible with the European Convention on Human Rights