Human rights group calls for ‘substantial’ changes to the Dying with Dignity bill to protect the right to life

THE PROPOSAL TO DIE with Dignity Bill “falls short” to guarantee the protection of the right to life, warned the Irish Equality and Human Rights Commission (IRHEC).

In a written communication to the Oireachtas Justice Committee, which is considering the legislation, the group argues that the bill will need to be “substantially revised” from its current draft if everyone’s wishes are to be accounted for by the end of their lives.

The commission has also urged TDs to ensure that there are “strong and adequate” safeguards in place to ensure that particular groups, including people with disabilities, people with life-limiting illnesses and the elderly, are not at risk.

The Dying with Dignity bill, which would allow terminally ill people to have medical assistance to die under certain circumstances, was voted on at the committee stage in Dáil last year.

The Oireachtas Justice Committee is considering presentations on the proposed legislation from individuals and groups.

In its presentation, the IHREC tells TDs that any law allowing assisted dying must be guided by a “human rights model” of disability and follow broad consultation with groups at risk.

The commission also calls for legislation to expressly state that no person should have the right to receive medical assistance to die solely because of disability or age.

It says that the bill should be amended to include a maximum threshold in relation to the probability of a person dying, say 6 months, and that this should be qualified by objective evidence as “reasonable medical judgment”.

The IHREC further suggests that certain categories of people should be prevented from being “witnesses” of a person’s declared wish to die, such as family members and those responsible for providing care to the person in question.

And it says the proposed law should be changed to establish the establishment of an independent oversight mechanism that can review and affirm a person’s declaration of their desire to end their own life.

The Chief Commissioner of the Irish Human Rights and Equality Commission, Sinéad Gibney, said that any debate on assisted dying must take into account the complexity of the issues being considered.

“Legislation for physician-assisted death entails several rights, including; the right to life, respect for human dignity, personal autonomy and the protection of certain groups at risk, in particular people with disabilities, people with limiting diseases and the elderly ”, he said.

“These are fundamental questions of human rights and equality and, as such, the development of this bill should be analyzed in the light of the pertinent norms of human rights and equality in these and other related matters.”