Prospective Legal Immunity and Assistance With Dying: Submission to the Commission on Assisted Dying

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Abstract

In this paper, our principal purpose is to elaborate and assess the case for introducing a regime of prospective legal immunity for a person, A, who assists with the suicide of another, B, where A acts within the terms of an appropriate covering licence (or authorisation). The attraction of such a regime is twofold: first, it promises to clarify the legal position of A before A undertakes acts of assistance to B; and, secondly, it promises to improve whatever assessments we can make as to B's potential vulnerability (in relation to A or others). Notwithstanding the attractions of such a regime, we do not support a scheme that is entirely prospective. The way forward, we believe, involves a judicious mix of prospective and retrospective (reporting and reviewing) elements.
Original languageEnglish
Article numberN/A
Pages (from-to)181-193
Number of pages13
JournalKing's Law Journal
Volume23
Issue number2
DOIs
Publication statusPublished - Aug 2012

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