ABSTRACT
In the previous chapter, we looked at organ transplantation and one of the issues that we discussed was the problem of defining death (see Chapter 8, p 284). Clearly, there is a need to define death in some way in order to decide, for instance, whether there are any circumstances in which one may lawfully terminate the treatment of someone who has been in a coma, but not legally pronounced dead. Similarly, it needs to be established whether someone is dead before organs may be removed for transplantation. There is still controversy over the definition of death in certain circumstances and for certain purposes. We now look at death in the context of doctors or other health professionals bringing it about in a way that can be interpreted as merciful or compassionate, for example, where a person has been suffering severe pain for some time and the prognosis is that there is no realistic hope of recovery. In these circumstances, it is argued that it is more merciful to relieve that person with the least amount of suffering – hence the notion of mercy killing, sometimes called euthanasia. This chapter focuses primarily on the English law relating to this area, and includes the historical legal background to ‘assisted suicide’, the ethical issues, definitions of ‘euthanasia’, leading criminal law cases, advance directives and the landmark House of Lords’ decision – the Tony Bland case. We also consider the impact, if any, of the implementation of the Human Rights Act 1998 on the Bland principle.
