‘On the one hand stands the autonomy and dignity of a competent adult who seeks death as a response to a grievous and irremediable medical condition. On the other stands the sanctity of life and the need to protect the vulnerable.’
– Carter v Canada (2015)
Assisted dying has been a prominent topic for several years. However, recently, a controversial statistic revealing that one person a week travels from the UK to Switzerland for an assisted death has spurred an inquiry by the Health and Social Care Committee and numerous discussions on whether assisted dying for adults should be legalised in the UK. Currently, assisted dying is illegal in both England and Wales under section two of the Suicide Act 1961, which states that ‘a person commits an offence if they do an act capable of encouraging or assisting the suicide or attempted suicide of another person’.
However, in contrast to the ongoing debates in England, Jersey (standing as a Crown dependency) appears to be on the brink of a significant legislative change in regard to assisted dying. By the end of 2025, the island’s States Assembly is expected to bring forward legislation to legalise assisted dying, with an operational service for terminally-ill residents anticipated by mid-2027. This move, similarly, mirrors the Isle of Man’s recent steps towards legalisation and marks a pivotal moment in the Crown dependencies’ approach to end-of-life care.
For Assisted Dying: Autonomy and Compassion; A Dignified Death
Proponents argue that legalising assisted dying respects personal autonomy and provides a compassionate choice for those suffering from terminal illnesses. The policy, supported by a citizens’ jury in 2021 and later by the States Assembly, sets clear eligibility criteria: adults diagnosed with a terminal illness, having a life expectancy of six months (or 12 months for neurodegenerative diseases), who make a voluntary and informed decision to end their life.
Tributes to local advocates such as Gary Burgess, who died of brain cancer, and Charlie Tostevin, living with motor neurone disease, highlight the personal stakes and moral imperatives driving this reform. Analogously, Advocates argue that these individuals’ experiences underscore the need for compassionate options for those facing unbearable suffering.
Questions for Consideration:
- Autonomy: Does legalising assisted dying respect an individual’s right to choose how and when to end their life, or does it risk undermining the value society places on life entirely?
- Compassion: Is it more compassionate to allow a person to end their suffering through assisted dying, or does true compassion lie in improving funding and research into quality palliative care options?
Against Assisted Dying: Ethical Concerns and Slippery Slopes
Mike Keirle, the Anglican dean of Jersey, raised concerns about potential abuses and the broader societal implications. Keirle argues that the debate extends beyond personal ethics to societal values, questioning how the law might influence perceptions of human worth and the potential for coercion.
Similarly, psychiatrists like Julian C Hughes and colleagues caution against normalising euthanasia, emphasising the importance of hope in medical care. They cite current cases such as that of Zoraya ter Beek’s, a young Dutch woman granted euthanasia for mental suffering, to illustrate the complexities and potential risks of expanding assisted dying beyond terminal physical conditions which appears an unnerving factor amongst islanders.
Questions for Consideration:
- Ethical Safeguards: Can sufficient safeguards be established to prevent coercion and ensure informed, voluntary decisions in assisted dying cases?
- Medical Integrity: Does legalising assisted dying compromise the medical profession’s duty and faith in the system to provide hope and strive for patients’ well-being?
The Path Forward: Structured Implementation
Jersey’s approach involves a meticulously planned implementation period, with robust eligibility criteria and a comprehensive assessment process. The steps will include initial and independent medical assessments, continuous capacity evaluations, and stringent oversight by the Jersey Care Commission to ensure compliance and prevent misuse of new legislation. Which poses the question; How effective and reliable will these proposed safeguards and oversight mechanisms be in ensuring the ethical application of assisted dying laws?
As Jersey moves towards legalising assisted dying, the debate shifts its focus to encapsulate the deep ethical, personal, and societal questions surrounding the topic. Nonetheless, balancing autonomy and compassion with safeguards against potential abuses will be the most crucial aspect in shaping a law that respects both individual choices and collective values.
To learn more contact us or speak to a member of the team in the Wills & Probate Department.