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ARTICLE · 05 SEPTEMBER 2013

Will Marie Fleming Right-To-Die Case Live On?

Marie Fleming's challenge under Irish law to the ban on assisted suicide came to an end on April 29 2013.

IrelandGovernment, Public Sector

Marie Fleming's challenge under Irish law to the ban on assisted suicide came to an end on April 29 2013. The Supreme Court sympathised with the appellant's plight but was ultimately constrained by its constitutional obligations to protect public health and safety.

The appellant stated that her claim did not seek to legalise euthanasia but instead aimed to prevent the criminalisation of those providing assistance to the narrow sector of society who, due to degenerative and terminal illness, require assistance in ending their lives.

Assisting a person to commit suicide is a criminal offence under Section 2(2) of the Criminal Law (Suicide) Act 1993. The appellant argued that the High Court erred in finding the ban constitutional and compatible with the European Convention on Human Rights. Interestingly, the appellant did not appeal against the High Court's refusal to direct the director of public prosecutions to publish guidelines on the factors considered in

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