Limits on the right to life: the case of Mortier v Belgium

Dr Stevie Martin, a member of LML, has published a case note on 'The right to life at the end of life' in Medical Law International. It delves into the complexities of legalizing assisted dying and its compatibility with the European Convention on Human Rights (ECHR).

The case note focusses on the judgment of the European Court of Human Rights in Mortier v Belgium, delivered in October 2022. This landmark case was the first instance where the Court addressed the question of whether permitting assisted dying aligns with a state's obligation to protect life under Article 2 of the ECHR.

The Applicant, the son of a woman who had undergone euthanasia, argued that Belgium's permissive system for assisted dying failed to adequately protect vulnerable individuals, such as his mother.

As Dr Stevie Martin explains, a majority of the Court held that a permissive assisted dying system can be compatible with the state's obligation to protect life, provided specific safeguards are implemented. These safeguards include ensuring that an individual's request for assistance to die is freely made and informed.

Of note for policy developments around Europe, the Court did not consider it problematic under the Convention to permit assisted dying when an individual’s suffering is caused by a non-terminal condition, such as mental illness.

Dr Stevie Martin's insightful case note is likely to be of interest to policy makers, legislators, medical practitioners, and campaigners worldwide. It can be found here.