Pretty v United Kingdom

Article 2 does not confer a right to die, so the refusal to guarantee that a husband would not be prosecuted for assisting his wife's suicide did not breach the Convention.

Citation
(2002) 35 EHRR 1
Court
European Court of Human Rights
Year
2002
Subject
Human Rights Law
Topic
Right to life (article 2)

Facts

Mrs Pretty was suffering from motor neurone disease, which was progressive and incurable, and she was paralysed from the neck down. She wished to end her life at a time of her choosing, but was physically unable to do so without help. She asked the Director of Public Prosecutions for an undertaking that her husband would not be prosecuted for assisting her suicide, which was an offence under section 2 of the Suicide Act 1961. The DPP refused, and the House of Lords dismissed her challenge.

Legal principle

The European Court of Human Rights held that there had been no violation of the Convention. The court said that article 2, which protects the right to life, could not be interpreted as conferring the diametrically opposite right, a right to die. The court accepted that article 8 was engaged, because the way a person chooses to pass the end of her life is part of private life, but held that the blanket ban on assisted suicide was justified as necessary to protect vulnerable people, and was not disproportionate, given the flexibility in prosecution decisions. The issue was later considered in R (Nicklinson) v Ministry of Justice.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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