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Assisted Suicide Bill may be at odds with human rights legislation, says Law Society of Scotland

Assisted Suicide Bill may be at odds with human rights legislation, says Law Society of Scotland

Proposals to legalise assisted suicide could be “incompatible” with the European Convention on Human Rights, according to the Law Society of Scotland.

Holyrood’s Health and Sport Committee will scrutinise the Bill on Tuesday, brought forward by Green MSP Patrick Harvie in the wake of the death of campaigning politician Margo MacDonald.

Politicians will hear from the Faculty of Advocates, Law Society of Scotland, Police Scotland, Crown Office, Royal College of Physicians and Surgeons Glasgow, the Royal College of Psychiatrists in Scotland and the Royal Pharmaceutical Society in Scotland.

Others, including palliative care specialists and faith groups, will be given the opportunity to make their views known at later sessions.

The Law Society of Scotland cites the Bill’s failure to “define what assisted suicide is, or what it is to assist suicide”, the fact people as young as 16 can both request assisted suicide and act as the licensed facilitator, and a lack of provision for conscientious objectors.

It also questions whether or not it is competent under the Scotland Act as well as European law.

In submitted evidence, the group representing lawyers said: “The Billmay be in direct contrast, and possibly incompatible, with Article 2 of the European Convention on Human Rights, which protects the right to life.”

The Faculty of Advocates said more clarity was needed when it came to defining “life-shortening” illnesses, pointing out common conditions such as Type 2 diabetes and hepatitis could fall into this definition.

It also wants a more precise definition of precisely what assistance constitutes assisted suicide to make sure no one ends up facing criminal proceedings through ignorance.

The group’s evidence said: “The faculty considers it is important that such legislation is clear, readily understood (and not just by lawyers), that key terms are well-defined and not open to a variety of interpretations, and that the penalties for breach of the requirements of the legislation are spelled out.”

A vote on the principle of the Bill is expected to take place in the spring.

Mr Harvie said: “People in Scotland are currently being given no clarity over what action might be prosecuted if someone finds their suffering intolerable and seeks help to end their own life.”