Harriet Betteridge, Lauren Clarke, Gregoire Uldry and Alexia Egger Castillo write for the Law Society Gazette on assisted dying
The assisted dying bill is progressing through parliament in the UK, but it will not extend to Northern Ireland or Scotland. In Jersey, an assisted dying law is currently being drafted, and Guernsey is expected to follow suit. Faster progress is being made in the Isle of Man, which is looking likely to become the first country in the British Isles to legalise assisted dying.
In a relatively small number of other countries, assisted dying is already legal but the rules differ from one jurisdiction to the next. A distinction is often made between individuals who are terminally ill and those who are experiencing unbearable suffering. For example, in Australia, New Zealand and 10 states in the USA, assisted dying for individuals with terminal illnesses is legal. In other countries assisted dying is also legal where someone is suffering unbearably, or is terminally ill. These include Austria, Canada, Spain and Switzerland.
In an collaborative article for The Law Society Gazette, Harriet Betteridge, Partner, and Lauren Clarke, Senior Associate comment on assisted dying and how the proposed law for England & Wales compares to other jursidictions. Gregoire Uldry, Partner, and Alexia Egger Castillo, Senior Associate in our Geneva office comment on the Swiss elements.
Switzerland is arguably the best known country which has legalised assisted dying. There the law works differently. Rather than having a strict set of rules governing precisely how a person can access assisted dying, the law prohibits 'incitement or assistance to suicide from selfish motives'. This means that an assisted dying act which does not have a selfish motive is legal. However, euthanasia is illegal in Switzerland, which means that the individual wanting to die must undertake the final act themselves.
Read the full piece in the Law Society Gazette here.