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'My right to euthanasia'

Brittany Peats

Published 05 November 2008

The British MS-sufferer who went to court to try to ensure her husband wouldn't be prosecuted if he helped her travel to Switzerland to be euthanised talks to newstatesman.com

Purdy believes British politicians lack the guts to tackle assisted suicide

“I was really upset,” said Debbie Purdy after judges in the High Court ruled against her. “Perhaps it was naïve of me, but I was absolutely convinced we were going to win.”

Purdy has Multiple Sclerosis (MS) and plans to go to Switzerland and have a doctor help her die when the pain gets to be unbearable.

She would like her husband to accompany her but is worried that he could face up to 14 years in jail under a law dating from 1961.

Ultimately, if she does not win her case she will go earlier than planned, when she still has the faculties to administer the drugs to herself and won't need to directly involved anyone else.

“We were only asking for clarity, not asking for anything grandiose.”

Now she's been granted leave to take her case to the Court of Appeal.

“It's been surprising how much interest there has been – journalists, neighbours, people on the train - who have come up to me and said, 'my aunt, my uncle, was in the same position'. Even on the train home from London, I met a lady with breast cancer. She said to me, 'I'm really glad you're brave enough to do this. I'm not.'”

“This has refocused my belief in humanity – we don't think only of ourselves. People are more than that – they have compassion and the ability to see others point of view.

“It's incredible, isn't it?”

Ultimately there needs to be a rethink at Parliamentary level but Purdy doubts politicians have the courage to confront this particular issue preferring to leave the battles to the courts.

“The law hasn't been looked at since 1961 – in that time medical, social and cultural advances have been huge,” she points out.

“I think it's cowardice on the part of politicians: they are scared they might lose votes.”

She doesn't think that politicians should influence how she chooses to die. “People should be trusted more to make decisions.”

Not all of her friends agree with the decision that she will eventually make to kill herself when the pain becomes unbearable. “A friend who is very religious and doesn't think it's the right decision said to me after the court case, 'I'm really disappointed for you, because it's your choice.'”

“Even my husband's not 100 per cent certain what he would do if he were in this position. It's a decision he would do everything to stop me making.”

He does however realise the decision isn't his. As Purdy says: “He's not the one who takes pain killers before he gets out of bed in the morning or is lying on the floor, calling to be helped to get up.”

Over 100 British people have travelled to Zurich to die and everybody except one was accompanied by friends or relatives explained Purdy. “Because of the law, it forced terrible decisions. Though no one's been prosecuted yet, one who accompanied someone to Switzerland was investigated for nine months. Somebody will get prosecuted unless we clarify.”

“Because my husband is black and he's foreign, if they're going to prosecute someone, it's going to be him, not some 70-year-old English woman. It's frightening to contemplate – I love him.”

Those who accompany those to die aren't the only ones who face possible persecution. Currently under British law it is illegal for doctors to offer counselling regarding assisted suicide. Purdy wonders, “How can we protect doctors? A doctor's first instinct is compassion.”

Purdy feels that having the ability to have an assisted suicide increases the quality of care. “Hospice care is great but it isn't right for everybody.”

In the US state of Oregon, where assisted suicide has been legal for 10 years, more than 300 people have used it to die. Purdy feels that the quality of care has improved there as “the number of patients dying from too many pain medications (which are often prescribed to those in chronic pain) has gone down.”

Purdy attended a discussion on the topic following the verdict of her case. “Some people suggested that this issue is statistically insignificant,” she said. “They [people who went to die in Switzerland] were vibrant, real people who didn't want their last months to be painful or degrading.

“Some think it's a theoretical, ethical discussion. But this is my life.”

Purdy disagrees with those who don't want to legalise mercy killings because they feel the law protects vulnerable people. Though she is in a wheelchair and has lost the muscular ability to open child proof tops, she doesn't feel that her disability has made her vulnerable. “I fall over on the floor a lot – it's annoying not undignified. That I'm referred to as a victim or vulnerable is undignified.”

“This sounds selfish but this is my life – there's not much I can do about the situation in Democratic Republic of Congo. I need to do what I can to make my life longer – and maybe contribute.”

Purdy says that changing the law would allow people like her who are in chronic pain to live worry-free knowing that they have a way out. “We need a safety net so we can walk on a high wire. If the pain becomes too much and if we are serious, not coerced, then we can ask for help to end our lives.”

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8 comments from readers

Carl Jones
05 November 2008 at 12:22

I think this is a very worrying trend. The idea that a person can chose their time and method of death will surely lead to a situation where the state will one day demand that a person will die, because of the burden placed on the state.

We used to live in a society where you were innocent until proven guilty, now the perception, if not in fact, that YOU must now prove your innocence.

Life is life and we should accept all that it brings.

muzico
05 November 2008 at 14:36

There is no burden placed on the state, I don't see the logic. As said in the article it's about respect for the patient's choice and autonomy. These concepts are paramount in most other medical situations, except it would seem in allowing patients to decide when they die.

There is no evidence to suggest a 'slippery slope' argument; well regulated systems work in Holland and Switzerland.

The difficulty is in determining the patient is of sound mind to make the decision, and that they are fully informed of alternative options. A difficutly which has been overcome in these countries with regulation and education.

Matt.Leonard
05 November 2008 at 15:43

My understanding is that the argument used was that

the law needed clarification. But the law is perfectly

clear: assisted suicide is illegal. However, the

authorities have the right to use their discretion when

deciding whether to prosecute, as they have done, no

doubt due to the fact that those involved deserve

compassion in such a situation.

The purpose of the law should be to attempt to

primarily prevent illegal behaviour, and only

secondarily to punish it, and in that sense it would

seem that this law works to a degree.

The judges were right in their decision - in a legal

sense what was being done was asking the criminality

of an action to be measured on the basis of how likely

it was to be punished or not. Many crimes, admittedly

usually less life-and-death, are chosen to be

overlooked, but not condoned. I am glad that the

judge did recommend that the issue needs looking at,

but not on this basis. I sincerely hope that the suffering

caused by MS can be eliminated, however this is not

the way.

muzico
05 November 2008 at 16:51

But the law isn't perfectly clear - they weren't asking them to decide whether assisted suicide was illegal or not, but whether someone accompanying them was breaking the law.

Presumably the offence would be 'accomplice to assisted suicide' (!)

But back on the assisted suicide, logically I can't see how this is breaking the law. My understanding was that the law only applies to the land in which the crime is committed (maybe i'm wrong? - note: it isn't illegal for the swiss to provide these services for a Brit), and seeing that the 'crime' is taking place in a country where it isn't a crime; what's the problem?

gnuneo
05 November 2008 at 20:53

how can any 'free' society defend this decision? The right to end, to 'throw away' ones life is the absolute basic civil right, without which all the others are meaningless.

if we, as individuals, do not have the right to end our own lives due to the coercive power of the State, isn't this nothing more than the medieval Christian notion that we are put here 'to suffer' (often suffering due to the very Church itself), and we have NO right as 'mere' individuals to control our own lives as we see fit?

and then there is the ethical reasoning - what do we gain by making suicide illegal? Well, for one we 'gain' that potential suicides are put off looking for help for their problems, as the State has the right to lock you up 'for your own safety'. So we lose the potential to save so many of those thousands who commit suicide every year, who could have gone to a GP and openly explained how they felt, and been directed towards counselling. The law 'against suicide' actually *increases* the number of suicides, and prevents timely intervention by professionals!

and then there is the moral reasoning - how can ANY moral being observe another person suffering from incredible, and unstoppable pain, then make the deliberate choice they will force them to 'live it out' until their bodies finally give way altogether? How can any moral society enforce such inhuman cruelty upon its own citizens?

some no doubt will point to the Bible - well,

1. we are a secular nation now, so such theological '(un)reasoning' has absolutely NO place in our legal system, we now should judge arguments on merit, not by the opinions of long-dead gay kiddie-fiddling priesthoods,

2. the Bible seems comfortable enough with genocide, murder, rape, torture, slavery - not a place i would particularly look for decent moral guidance.

This is an appalling cop-out by the UK's legal and political authorities, a cop-out that is without a doubt costing lives every single year. And it is entirely immoral to boot.

Carl Jones
05 November 2008 at 23:12

gnuneo; we are not a secular nation, the Q is head of state and head of the CofE, we allow religious schools and RE. The BBC does Songs of Praise.....Britain is no where near a secular state.

I have no problem with suicide. But family and friends hardly ever recover from a suicide. Unfortunately, pain is a part of life.....John McCain was (alledgedly) tortured...real torture is awful and no doubt some would take their lives in the midst of such pain. We must accept that life is a journey, we also know that life bring us good and bad experiences....this is a right beyond government. By legalising assisted suicide, we risk having government make these decisions for us.

gnuneo
06 November 2008 at 04:23

we have a monarchy, yet we also regard ourselves as democratic. We are secular in reality, even if the Institutions of the Establishment take longer to catch up. Remember that the direct heir to the throne has stated he believes it is time to disestablish the CofE.

the most worrying non-secular parts of the British polity are the rise of the openly fascist BNP and its claim that "Britain Is Christian" - and the infiltration of extreme religious groups into Parliament and the Executive, such as Opus Dei member Ruth Kelly.

however we modern Britons *do* expect rational, freedom of religious conscience as all modern, developed and democratic Western States give.

"But family and friends hardly ever recover from a suicide."

are we only here to suffer for the benefit of others? What kind of a person would deny someone the Right to end it because of their own selfishness and feelings of loss? Yes, of course people feel the loss of a loved one, but how can forcing someone to go through unnecessary pain possible be an expression of the Love you feel towards them? That is nothing but a crass, egotistical way of looking at it. "I'll miss you, therefore you must suffer".

"Unfortunately, pain is a part of life.....John McCain was (alledgedly) tortured...real torture is awful and no doubt some would take their lives in the midst of such pain. We must accept that life is a journey, we also know that life bring us good and bad experiences..."

indeed. What for some is endurable, for others is unendurable. What appears unendurable can sometimes turn out to be endurable, and again, vice versa. A rational choice is to offer *legal* options of voluntary suicide, when they are combined with excellent counselling for the would-be suicides - as part of the process - this gives the opportunity for the individual concerned to discover that what appeared unendurable, is indeed endurable for them, and they find the strength to continue.

gnuneo
06 November 2008 at 04:30

"this is a right beyond government. By legalising assisted suicide, we risk having government make these decisions for us."

in the same way that if Pot was legal, the Govt might force us to take it?? Yes, we certainly need a stronger Bill of Rights in the UK - and that is the Understatement of this Century - but there is no necessary link between our getting a Right as Individuals, and the Govt removing the same choice from us later on.

i can see why you are worried - but for me the solution is greater Rights, not lesser ones.

**re Ruth Kelly and Opus Dei: http://www.newstatesman.com/blogs/richard-herring/2008/09/fa...

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