Enforcing human rights at end of life: Is there a better approach?

Abstract

Questions about the end, and ending, of life are of concern to lawyers, clinicians and society more generally. High profile ‘right-to-die’ and ‘right-to-live’ cases are a frequent focus of media and political attention. In the United Kingdom the recent profusion of challenges that have concerned end of life decision-making has extended from proposals for law reform to adjudication of disputes before domestic and European courts. Tragic and heartrending circumstances typically underscore the complex disputes and challenges that are brought before these courts. The common thread between them is the assertion of human rights violations. On the basis of the outcomes of recent jurisprudence it concludes that attempts to enforce legal rights through the courts should be the last, rather than first, resort since its adversarial approach is not often ideal for the inevitable poignancy of end of life situations. Alternative approaches are proposed as a more positive approach to conflict resolution where possible.