EXPERTS reviewing Jersey’s draft assisted-dying legislation have raised serious concerns about a “highly unusual” clause that could allow relatives to appeal a patient’s decision to end their own life.
Independent advisors appointed by the Assisted Dying Review Panel have recommended that the States Assembly reconsider whether a third-party right of appeal should be included in the law, warning that it could undermine personal autonomy and expose the law to human-rights challenge.
Overall, the expert advisors were satisfied that that the proposed law met the requirements set out by the States Assembly, but made 43 recommendations to close “gaps” in the law to make it “safer” and “workable”.
The legislation comes after a 2024 Assembly vote in favour of setting up a service for Islanders with terminal illnesses and neurodegenerative diseases, which built on a 2021 decision in which the Assembly supported assisted dying “in principle”.
One of the recommendations centred on a section of the draft law that would permit a person with a “special interest” to appeal against a positive decision granting assisted dying, even where doctors have already confirmed that the patient meets all eligibility criteria and has mental capacity.
Those who may be regarded as having a “special interest” could include “a family member or a professional involved in the individual’s assisted dying process”, according to the report.
“It does not include an unconnected third party (such as a representative of a lobby group) who is appealing a decision […] on the basis that they do not support assisted dying,” it added.
The expert advisers warned that this creates the possibility of a relative effectively blocking a competent adult’s final decision about their own death, raising concerns that this could “violate” human rights laws.
“The appeals process potentially allows a third-party veto,” the expert report said.
“This raises the possibility of an Article 8 European Convention on Human Rights challenge for violating the rights of a person with mental capacity, and so the panel and the States Assembly should be aware of this issue.”
The advisors also noted that the “overwhelming majority” of other jurisdictions
permitting assisted dying do not allow appeals from third parties against any decision.
One exception is Queensland in Australia, which allows either the person seeking to die, their agent, or another person who has “sufficient interest” – such as a spouse, close family member, or carer – to request a review of a decision.
“We have not found any reported examples of cases where a relative or other third party has requested a review of a positive decision to provide voluntary assisted dying, nor any problems arising from the review procedure,” the expert report noted.
Under the proposed law in England and Wales, relatives would not be able to challenge a decision allowing someone to have an assisted death.
Instead, the only right of appeal would sit with the patient themselves – and only if their request had been refused. In those cases, the patient could ask an independent official to review the decision.
Assisted Dying Review Panel chair Deputy Louise Doublet said: “I am extremely grateful for the detailed analysis and scrutiny that our advisers have undertaken on this piece of legislation.
“They have extensive experience in this field, and their observations and recommendations are clear that further consideration is needed on many areas of the law.
“The panel are currently incorporating this advice into our final report, and into a number of amendments which we feel will be constructive additions to the legislation.
“Our aim as always is to work in a collaborative way with the minister to achieve the best quality, fit-for-purpose legislation for Jersey.”
The assisted-dying debate will begin next week, but Deputy Doublet has confirmed that she will ask States Members to delay until her panel has had time to lodge their amendments.
If it is adopted, Jersey would become just the second place in the British Isles to introduce such a law, after proposals to give terminally ill adults the option in the Isle of Man were agreed by the Manx parliament in March.
If approved, the draft law will require an 18-month implementation period, meaning the earliest the law could come into force in Jersey is mid-2027.
