A “HIGHLY unusual” clause in Jersey’s draft assisted-dying law that could allow relatives to appeal a patient’s decision to end their own life will be removed, if an amendment lodged by a panel of politicans reviewing the proposals is approved.
It is one of a raft of seven amendments lodged yesterday by the Assisted Dying Review Panel following a review of the draft law by independent experts.
The advisors raised concerns about a section of the 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.
The experts recommended that the States Assembly reconsider whether a third-party right of appeal should be included in Jersey’s assisted-dying law, warning that it could undermine personal autonomy and expose the law to human-rights challenge.
Those who may be regarded as having a “special interest” could include family members or professionals involved in the individual’s assisted dying process”, according to the report – but would not include unconnected third parties, such as a representative of a lobby group, appealing a decision on the basis that they do not support assisted dying.
But 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 Assisted Dying Review Panel has now lodged an amendment to remove this provision within the law, so that the only person able to challenge a decision is the individual seeking assisted dying.
The panel described the provision as “out of step with international practice” and “unnecessary considering the extensive safeguards already proposed in the Jersey model”.
It added: “The breadth and uncertainty inherent in the ‘special interest’ concept create a real risk of delay, conflict, and intrusion into the autonomy and confidentiality of a capacitated applicant.
“This proposed amendment would restore the normative position found in most comparator jurisdictions: the right to challenge rests with the individual whose rights and treatment are directly engaged.”
Other amendments proposed by the Assisted Dying Review Panel include introducing a tiered framework for the administration model of the assisted dying service; strengthening criminal protections within the law; introducing a specific safeguard governing how written information about assisted dying is supplied; ensuring ongoing statutory training is provided to all relevant agencies; requiring a review of the law’s implementation and the involvement of disability representatives; and requring the Health Minister to present an annual assisted-dying report to the States Assembly.
Panel chair Deputy Louise Doublet, said: “This is one of the most significant pieces of legislation to come before the Assembly in quite some time.
“If approved, Jersey would become one of the first jurisdictions in the British Isles to introduce legislation enabling an Assisted Dying service to be set up.
“My panel has conducted extensive analysis and scrutiny of the draft Law, supported by recommendations and guidance from our expert advisers, whose knowledge and expertise has been of immense value. Our amendments are constructive and evidence based.
“They will contribute towards the creation of effective legislation, with the aim of delivering an Assisted Dying Service that is safe, respectful and in line with best practice in other jurisdictions around the world.
“We have worked very closely with the minister and his team throughout this process. I would like to thank him and his officers for their cooperation.”
