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In the last two years the Government has achieved two important objectives which pro-life and disability rights groups had strongly opposed: the passage of the Mental Capacity Act 2005, the most deadly piece of legislation since the Abortion Act 1967, and the rejection of Leslie Burke’s appeal to the European Court of Human Rights. In spite of that Act, or perhaps in ignorance of it, the Court declared that British domestic law already protected the lives of patients who were unable to communicate, and refused to hear him.
At the inquest in Norwich on 24 July 06 on elderly Mrs. Olive Nockles, who died of dehydration in hospital, the consultant claimed that he saw deaths from this cause in his hospital two or three times a week (The Times, 7 Aug 06). In some circles this is considered acceptable, perhaps because of NHS finances and the demographic imbalance. But judging by press reactions, the public disagree; and elderly people have votes.
Doctors have communicated with a patient diagnosed by accepted criteria as “vegetative”, thus throwing doubt on the whole concept – Detecting Awareness in the Vegetative State, Science, H M Owen et al, 313 1402 (2006) The Old Guard at Britain’s Department of Health has won two battles, but it hasn’t won the war.
Peers rebelled against Lord Joffe’s Bill last May, and in June the BMA’s Annual Representative Meeting rejected the policy of neutrality towards Doctor-assisted suicide which was forced on it last year. A draft United Nations Convention on the rights of persons with disability includes the right to food and fluid. The UK delegation actively supported the Convention. Is light breaking in?
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