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The case was heared by The Europien Court of Human Rights; ... autonomy, her claim was a restatement of the complaint raised under Article 8; ... – PowerPoint PPT presentation

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1
  • The right to life and its unique aspects
    (Euthanasia)
  • CASE OF DIANNE PRETTY VS. THE UNITED KINGDOM
  • Made by Vytaute Bardauskaite

2
  • The case was heared by The Europien Court of
    Human Rights
  • Chamber was composed of 8 persons (the president
    Mr. M. Pellonpaa)
  • Applicant Mrs. Dianne Pretty against the
    United Kingdom

3
DIANNE PRETTY FACTS OF THE CASE
  • 43 years-old women borned in 1958
  • A United Kingdom national living in Luton
  • Motor neurone disease, a degenerative disease
    affecting the muscles
  • All body paralyzed, but intellect unimpaired
  • She wanted to control how and when she will die
    and doesnt matter that SUICIDE IS NOT A CRIME IN
    UK she was not able to take such step without
    assistance

4
  • She wished to be assisted by her husband, but her
    request was refused by Director of Public
    Prosecutions
  • Then her application was lodged with the
    Europien Court of Human Rights which unanimously
    found the application admissible and held that
    there had been no violation of the European
    Convention on Human Rights Article 2, 3, 8, 9,
    14

5
THE APPLICATION
  • Article 2 complaining that if there is right to
    live it has to be right to die
  • Article 3 complaining that England government
    has to take positive steps to protect persons
    within its jurisdiction from being subjected to
    inhuman and degrading treatment
  • Article 8 complaining that England government
    violates her right to self-determination

6
  • Article 9 complaining that her right of beliefs
    was violated
  • Article 14 complaining that its not equal that
    able-bodied persons can do suicide without
    anybody assistance and disable-bodied persons
    cant

7
COURT DESICION
  • There was no violation of article 2 court
    explained that without distortion of language, be
    interpreted as conferring the diametrically
    opposite right, namely a right to die nor could
    it create a right to self-determination in the
    sense of conferring on an individual the
    entitlement to choose death rather than life
  • There was no violation of article 3 court
    explained that article 3 is very connected with
    article 2. Article 2 was first and foremost a
    prohibition on the use of lethal force or other
    conduct that might lead to the death of a human
    being and did not confer any claim on an
    individual to require a State to permit or
    facilitate his or her death So if the court
    didnt give a permission to applicants husband to
    commit a suicide it doesnt mean that applicant
    was subjected to torture or to inhuman or
    degrading treatment

8
  • There was no violation of article 8 The Court
    concluded that the interference to private or
    family life could be justified as necessary in
    a democratic society for the protection of the
    rights of others
  • There was no violation of article 9 The Court
    explained that not all beliefs and opinions are
    protected by article 9. To the extent that the
    applicants views reflected her commitment to the
    principle of personal autonomy, her claim was a
    restatement of the complaint raised under Article
    8

9
  • There was no violation of article 14 The court
    thought that its not a discrimination not to let
    third person to assist other person to do suicide

10
INFLUENCE OF THE CASE
  • Influence of this case was to show community
    that euthanasia is not a legal act and that this
    act can violate article 2 of The European
    Convention on Human Rights .

11
  • THANK YOU FOR YOUR TIME AND KIND ATTENTION?!
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