Oireachtas Joint and Select Committees

Tuesday, 20 June 2023

Joint Oireachtas Committee on Assisted Dying

Assisted Dying and the Constitution: Discussion

Photo of Rónán MullenRónán Mullen (Independent) | Oireachtas source

I want to probe this with Dr. Hickey and throw it open to all three of our experts. What would happen if the Oireachtas were to take this as a strong green light to legislate as it sees fit for whatever category of persons? For example, last week, the Irish Human Rights and Equality Commission asked us not to include disability as a basis. Does this raise a point on equality in a context where the Constitution tells us there is a strong mandate to vindicate the right to life and now the State is suddenly going to open the door to certain categories of person legally having their lives ended? Does that a raise a point on equality that would engage the courts? In other words, that if you allow it for some, then why not allow it for the likes of a person with quadriplegia, as was mentioned, or whatever? Is it a case that once you open the door at all, the courts might then say - if people will excuse my use of a colloquial phrase - that what is sauce for the goose must be sauce for the gander?

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