Right to die campaign rejected by European Court

While we are initially disappointed to see the application dismissed we are encouraged by the door being left open to make a fresh application to the courts with new arguments. We will be discussing the options with Mr Lamb.

Mrs Nicklinson, the wife of Tony Nicklinson (now deceased) who was suffering from locked-in syndrome and wished to end his life, complained that the domestic courts had failed to determine the compatibility of the law in the UK on assisted suicide with her and her husband's right to respect for private and family life. The ECtHR declared this application inadmissible as manifestly ill-founded, finding that Article 8 did not impose procedural obligations which required the domestic courts to examine the merits of a challenge brought in respect of primary legislation as in the present case. In any event, it was of the view that the majority of the Supreme Court had examined the substance of Mrs Nicklinson's complaint. Mr Lamb, who is paralysed and also wishes to end his life, brought a complaint about the failure to provide him with the opportunity to obtain court permission to allow a volunteer to administer lethal drugs to him with his consent. The ECtHR declared his application inadmissible for non-exhaustion of domestic remedies.