Only Parliament can decide the law on assisted dying

The question of whether assisted suicide should be legalised is back before the courts. The High Court this week is being invited to declare that the Suicide Act 1961, which prohibits assisted suicide, is incompatible with Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for private life.  Whatever the High Court eventually decides, its judgment will inevitably work its way on appeal up to the Supreme Court.

Our courts clearly have the power, under section 4 of the Human Rights Act 1998, to declare legislation incompatible with ECHR rights.  Declaring the Suicide Act incompatible would not itself decriminalise assisted suicide, but would put political pressure on Parliament to change the law.  If Parliament failed to act, it could be accused of contempt for rights or the rule of law.

These accusations would be absurd and Parliament should be willing to defy any declaration that the Suicide Act must be changed.