Oireachtas Joint and Select Committees

Wednesday, 22 November 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Right to Die with Dignity: Discussion

9:30 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I thank Professor Lewis for coming here to talk to us. While she is a professor of law, there is no reason that she should have any knowledge of Irish law. Under our Constitution, the courts have established there is no right to suicide in this country using the principle of unenumerated personal rights. An argument has been advanced that there is an issue of equality between individuals who are able bodied who could commit suicide and people who are disabled but cannot commit suicide. That argument was rejected as well.

The statutory provision is contained in a 1993 Act. It states that it is a criminal offence for anyone to assist and there is a penalty of 14 years' imprisonment. What is the interpretation of the European Court of Human Rights in this regard? Obviously we want to know what our obligations are under that convention. Am I right in saying that under Article 2, the court has established that there is no right to die?

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