Oireachtas Joint and Select Committees

Wednesday, 29 November 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Right to Die with Dignity: Discussion (Resumed)

9:00 am

Dr. Louise Campbell:

Defining "unbearable" is very problematic. Doctors in the Netherlands who are involved in this practice, and in other jurisdictions where it is legal, have problems interpreting the actual meaning of unbearable suffering. In some cases questions are raised around whether those doctors have complied with the due care criteria as set down in the law. It is problematic, I admit.

To answer the Deputy's question, the central point is about defending an autonomy interest. I prefer to speak of autonomy interest because I believe that people have interests in their autonomy being respected, and we can argue about definitions, rather than talking about specific rights and the sense of entitlement and choice because that is often too reductive. With regard to a commitment to defend citizens' autonomy interests,on the 2009 Debbie Purdy case, Baroness Hale said in the House of Lords that "if we are serious about protecting autonomy we have to accept that autonomous individuals have different views about what makes their lives worth living". We are speaking of momentous choices, not just superficial choices. The core issue is whether an individual should be entitled to determine on his or her own term the value and quality of his or her own life.