The Supreme Court decision in Nicklinson: Human rights, criminal wrongs and the dilemma of death

This article analyses the decision of the Supreme Court in Nicklinson; the conjoined appeals concerning challenges to the prohibition against assisting a suicide under the Suicide Act 1961. Although the appellants failed in their attempt to persuade the majority of the court that the time was right to make a declaration of incompatibility under the Human Rights Act 1998, judicial antipathy towards assisted dying appears to be waning. In addition to discussing some of the diverse and remarkable elements of the judgement, this article considers the troubled issue of the potential liability faced by healthcare workers and professionals who might find themselves on the wrong side of the criminal law. The case also draws our attention to wider problems within end of life care, particularly regarding the palliative obligations of the medical profession, and so the current tension within end of life law and ethical guidance is also explored.