Jane Nicklinson v  United Kingdom

Today Jane Nicklinson in her own right and on behalf of Tony Nicklinson lodged an application before the European Court of Human Rights arguing that the UK violated their rights under Article 8 by refusing to decide on the compatibility of the existing law on assisted dying. 

She accepts that in view of the lack of a consensus between contracting States on the circumstances in which assisted suicide should be permitted there is a wide margin of appreciation available to the UK Courts in determining the proportionality of the current prohibition on assisted suicide.  However, Jane Nicklinson argues that the European Court should find that her and Tony’s procedural rights under Article 8 were breached by reason of the Supreme Court’s failure to determine their Article 8 claims in substance and on their merits. 

Saimo Chahal QC (hon) Solicitor of Bindmans LLP, acting for Tony and Jane Nicklinson stated:

“Jane has had no option but to take her fight to the European Court because the majority of the Supreme Court decided to refer the matter to Parliament rather than grappling with the issue themselves. Notwithstanding that it was complicated and contentious they should have grasped the nettle.  It does not look as if Parliament are likely any time soon to review the ban on assisted dying and  so Jane has today lodged her application in Strasbourg.”