UK Assisted Dying Bill

Table of Contents

Current UK Position on Assisted Dying

Legal Status: Assisted dying and euthanasia are currently illegal in the UK. Assisting suicide is an offense punishable by up to 14 years in prison under the Suicide Act 1961.
Previous Attempts: Since 2013, at least three bills addressing assisted dying have been introduced in Parliament but failed to pass.
Public Debate:
- Proponents argue that the law would allow terminally ill patients to end their suffering humanely and reduce the risk of individuals resorting to unregulated methods.
- Detractors express concerns about potential misuse, especially among vulnerable groups, and emphasize the need to improve palliative care instead.

Eligibility:
- Terminally ill adults over 18 years with a prognosis of less than six months to live.
- Applicants must have the mental capacity to make the decision.
- Excludes individuals with disabilities or mental disorders.
Residency:
- Applicants must have been registered residents in England or Wales for at least 12 months before making the request.
Procedure:
- First Declaration: Signed by the patient in the presence of a coordinating doctor and a witness.
- Assessments:
  - A coordinating doctor confirms the patient’s eligibility and voluntary decision.
  - An independent doctor conducts a second assessment after a seven-day reflection period.
  - Disagreements between doctors are referred to a third independent doctor (only once).
- Judicial Review:
  - The High Court ensures compliance with all legal requirements, and decisions can be appealed.
Final Steps:
- A 14-day “second reflection period” follows approval.
- The patient signs a “second declaration” witnessed by two doctors and a third person.
- The patient self-administers an approved substance provided by the coordinating doctor.

Legal Framework: Recognized by the Supreme Court of India in 2018 as part of the right to die with dignity under Article 21 of the Constitution.
- Passive euthanasia involves withdrawing life-support measures from terminally ill patients to allow a natural death.
Living Will/Advance Directives: Terminally ill patients can outline their wishes to withdraw life support in a “living will” or “advance medical directive.”
- The directive must be signed in the presence of two witnesses and a Judicial Magistrate.
Approval Process: Requires consent from the treating physician, a qualified medical board, and an external medical board with administrative representation.
Challenges:
- Implementation has been limited due to cumbersome guidelines.
- Modifications in 2023 introduced stricter timelines and reduced Judicial Magistrate involvement.
- The Indian government proposed draft guidelines in 2024, inviting public feedback to streamline the process further.

UK Bill: Actively allows patients to end their life through self-administered substances under strict safeguards.
India: Recognizes only passive euthanasia, enabling patients to decline life support but not actively end their life.
Both approaches aim to respect patient autonomy while balancing ethical concerns, but the UK Bill introduces a more active role for patients in end-of-life decisions.