Fleming -v- Ireland & Ors - Judgment [2013] IEHC 2 (10 January 2013)

Fleming -v- Ireland & Ors - Judgment [2013] IEHC 2 (10 January 2013)

The statutory ban on assisted suicide is not a disproportionate interference with the plaintiff's constitutional rights. The Oireachtas is justified in enacting such a ban to protect vulnerable persons and the public interest. The evidence demonstrates that any relaxation of the ban would be impossible to tailor to...

Source-derived case information.

Citation
[2013] IEHC 2
Parties
Plaintiff: Marie Fleming; Defendant: Ireland; Defendant: The Attorney General; Defendant: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
10 January 2013
Procedural Posture
Constitutional Challenge / Final Judgment
Outcome
Plaintiff's claims dismissed
Legal Topics
Assisted Suicide, Right to Die, Personal Autonomy, Protection of Vulnerable Persons, Compatibility With European Convention on Human Rights
Constitutional Law Criminal Law Human Rights Law Assisted Suicide Right to Die Personal Autonomy Protection of Vulnerable Persons Compatibility With European Convention on Human Rights

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Parties

Marie Fleming

Plaintiff

Ireland

Defendant

The Attorney General

Defendant

The Director of Public Prosecutions

Defendant

Procedural Posture

Constitutional Challenge / Final Judgment

Legal Issues

  1. 1 Whether the ban on assisted suicide in s.2(2) of the Criminal Law (Suicide) Act 1993 is unconstitutional
  2. 2 Whether the ban is incompatible with the European Convention on Human Rights
  3. 3 Whether the Director of Public Prosecutions is obliged to promulgate guidelines regarding prosecution for assisted suicide

Ratio Decidendi

The statutory ban on assisted suicide is not a disproportionate interference with the plaintiff's constitutional rights. The Oireachtas is justified in enacting such a ban to protect vulnerable persons and the public interest. The evidence demonstrates that any relaxation of the ban would be impossible to tailor to individual cases and would risk abuse. The European Convention on Human Rights does not confer additional rights beyond those already protected by the Constitution. The Director of Public Prosecutions is not constitutionally or legally obliged to promulgate guidelines regarding prosecution for assisted suicide.

Court Disposition

Plaintiff's claims dismissed

Orders

  • No declaration of invalidity of s.2(2) Criminal Law (Suicide) Act 1993
  • No declaration of incompatibility under European Convention on Human Rights Act 2003