Assisted dying isn't contested on religious grounds - it's about power, paternalism and control

A recent YouGov poll has shown that a majority of people - from almost all religious denominations - support doctor-assisted dying. It is our secular and spiritual leaders who are refusing to catch up.

Something striking is going on when the British Humanist Association articulates the instincts of religious believers better than their own spiritual leaders manage to do.

Yesterday the national debate on assisted dying reached the Court of Appeal. Paul Lamb, who was almost completely paralysed in a car accident, another man identified only as Martin and the widow of locked-in syndrome sufferer Tony Nicklinson, whose case hit the headlines last year, are arguing that doctors should be allowed to assist mentally competent patients to end their own lives.  As the law stands, such a doctor (or a relative) risks being charged with murder and the mandatory life sentence that follows conviction.  Some indication of the importance being attached to this case may be gleaned from the fact that the Lord Chief Justice and the Master of the Rolls - the most senior judges in the land - are both hearing it.

The appellants have high-powered support for their arguments: the British Humanist Association, which has intervened in the case, has assembled evidence from leading philosophers including Simon Blackburn and AC Grayling. They also have public opinion on their side.  A recent YouGov poll, commissioned by the organisers of the Westminster Faith Debate series, showed support for a change in the law now runs at 70 per cent.

Lord Judge was a bit sniffy about these figures yesterday.  The law can't be decided on the basis of opinion polls, he said and in any case, "the public may change its mind next week."  He's right about the legal principles, of course.  In a society that claims to be democratic, however, it seems rather paternalistic to ignore the clear views of the public on a matter that touches so deeply on individual rights.  But public opinion seems unlikely to change next week, or next year.  The most recent polling confirms what has been a consistent trend, as shown for example in the British Social Attitudes Survey

This is one case in which elitist moral philosophers, cogitating in their ivory towers, seem to be at tune with public opinion far more religious leaders, the majority of whom (though not all) continue to oppose any change.  It's an opposition not shared, it seems, by most of their congregations.  The YouGov showed unequivocally that the majority of people who associated themselves with a religion supported assisted dying.  This included 71 per cent of Anglicans (almost exactly the same as among the population as a whole), more than 60 per cent of Methodists and Presbyterians, 69 per cent of Jews and even 56 per cent of Roman Catholics.  Among Sikhs, support was as high as 73 per cent.  Only Muslims showed a majority against the proposed changes - 55 per cent.  It's true that support for assisted dying was lower among people who described themselves as "active participants" in their faiths, but even here support for a change in the law to allow assisted dying tended to be greater than opposition.

In other words, the most significant divide in this debate is not between the religious and the secular, but between public opinion as a whole and those in positions of power and authority, who tend to take a strongly paternalistic (indeed patronising) line.  However important it is to protect the vulnerable, it is surely equally important to uphold the right of people who are fully competent to decide their own destiny. 

Death comes to us all, and any one of us might find ourselves in the terrible position faced by Tony Nicklinson or Paul Lamb.  Faced with an inevitable and painful decline, prolonged as much as alleviated by medical science, some will respond with determination to bear the suffering, either out of a wish to hang on for as long as possible, or because of their religious belief in the sanctity of life.  But others will wish to die with dignity with a minimum at a time of their choosing.  Neither choice is right or wrong; or rather the rightness or wrongness of such an individual choice is not what really matters here.  The question is rather, why should a responsible adult not be allowed to make that choice?

Certainly, most people in this country now feel this way, as the YouGov poll revealed. The most popular argument in favour of changing the law was a simple appeal to personal autonomy: "An individual has the right to choose when and how to die" (82 per cent).  The common arguments that death can be preferable to long drawn-out suffering and that those assisting a freely-chosen suicide shouldn't be put at risk of prosecution were slightly less popular.  This is significant, it seems to me, because these (rather than the principle of autonomy) are the arguments most often made when the subject of assisted dying is made in Parliament or when the subject is debated in the media. 

The paternalistic impulse to do what is best for other people is the flip-side of the most commonly-made objection to assisted dying: that if it were allowed, people would feel pressurised not to "be a burden" to their loved ones.  Both arguments are ultimately based on feelings of compassion for others rather than respect for them as autonomous moral agents.

The debate about assisted suicide is made pressing by medical advances that can now keep people alive for much longer, and in much more reduced circumstances, than would previously have been the case.  Whether or not life is a gift from God, its perpetuation is often now a gift, or a curse, from the doctors.  But I don't think that's the only reason that the subject is so contested at the present time.  Rather, it's bound up with an increasing conviction that the "right to life" is much more than a simple right to exist: it's also the "right to a life", the right to make one's own decisions as far as one is able to do, and to have one's choices respected.  And at the same time, not imposing one's moral choices on other people.  I don't think it's a coincidence that public opinion now also favours same sex marriage for those who want it.

I don't think this is evidence of an increasingly secular society so much as of an increasingly horizontal one, in which people are less willing to defer to moral authority figures when it comes to decisions that affect their own lives.  This is as true of many religious people as it is of humanists and atheists.  That's why in matters of life and death, as well as questions of lifestyle, believers may find themselves scratching their heads when listening to priestly pontifications but nodding along with AC Grayling.

Paul Lamb and Jane Nicklinson at the Royal Courts for a hearing on legalising doctor-assisted dying. Photograph: Getty Images.
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Theresa May’s Brexit speech is Angela Merkel’s victory – here’s why

The Germans coined the word “merkeln to describe their Chancellor’s approach to negotiations. 

It is a measure of Britain’s weak position that Theresa May accepts Angela Merkel’s ultimatum even before the Brexit negotiations have formally started

The British Prime Minister blinked first when she presented her plan for Brexit Tuesday morning. After months of repeating the tautological mantra that “Brexit means Brexit”, she finally specified her position when she essentially proposed that Britain should leave the internal market for goods, services and people, which had been so championed by Margaret Thatcher in the 1980s. 

By accepting that the “UK will be outside” and that there can be “no half-way house”, Theresa May has essentially caved in before the negotiations have begun.

At her meeting with May in July last year, the German Chancellor stated her ultimatum that there could be no “Rosinenpickerei” – the German equivalent of cherry picking. Merkel stated that Britain was not free to choose. That is still her position.

Back then, May was still battling for access to the internal market. It is a measure of how much her position has weakened that the Prime Minister has been forced to accept that Britain will have to leave the single market.

For those who have followed Merkel in her eleven years as German Kanzlerin there is sense of déjà vu about all this.  In negotiations over the Greek debt in 2011 and in 2015, as well as in her negotiations with German banks, in the wake of the global clash in 2008, Merkel played a waiting game; she let others reveal their hands first. The Germans even coined the word "merkeln", to describe the Chancellor’s favoured approach to negotiations.

Unlike other politicians, Frau Merkel is known for her careful analysis, behind-the-scene diplomacy and her determination to pursue German interests. All these are evident in the Brexit negotiations even before they have started.

Much has been made of US President-Elect Donald Trump’s offer to do a trade deal with Britain “very quickly” (as well as bad-mouthing Merkel). In the greater scheme of things, such a deal – should it come – will amount to very little. The UK’s exports to the EU were valued at £223.3bn in 2015 – roughly five times as much as our exports to the United States. 

But more importantly, Britain’s main export is services. It constitutes 79 per cent of the economy, according to the Office of National Statistics. Without access to the single market for services, and without free movement of skilled workers, the financial sector will have a strong incentive to move to the European mainland.

This is Germany’s gain. There is a general consensus that many banks are ready to move if Britain quits the single market, and Frankfurt is an obvious destination.

In an election year, this is welcome news for Merkel. That the British Prime Minister voluntarily gives up the access to the internal market is a boon for the German Chancellor and solves several of her problems. 

May’s acceptance that Britain will not be in the single market shows that no country is able to secure a better deal outside the EU. This will deter other countries from following the UK’s example. 

Moreover, securing a deal that will make Frankfurt the financial centre in Europe will give Merkel a political boost, and will take focus away from other issues such as immigration.

Despite the rise of the far-right Alternative für Deutschland party, the largely proportional electoral system in Germany will all but guarantee that the current coalition government continues after the elections to the Bundestag in September.

Before the referendum in June last year, Brexiteers published a poster with the mildly xenophobic message "Halt ze German advance". By essentially caving in to Merkel’s demands before these have been expressly stated, Mrs May will strengthen Germany at Britain’s expense. 

Perhaps, the German word schadenfreude comes to mind?

Matthew Qvortrup is author of the book Angela Merkel: Europe’s Most Influential Leader published by Duckworth, and professor of applied political science at Coventry University.