Multiple Sclerosis sufferer Marie Fleming has been denied the right to take her life with an assisted suicide by Ireland’s High Court.
The 58-year-old has failed with her legal battle against the country’s blanket ban on assisted suicide.
The former college lecturer was told by Justice Nicholas Kearns on Thursday morning that the specially convened three judge Divisional Court had unanimously rejected her bid to end her life with the assistance of another.
The Irish Independent reports that Justice Kearns described Fleming as a ‘humbling and inspiring’ person.
Announcing the decision, he said: “She is one of the most remarkable witnesses to come before the courts. Her experience is harrowing.”
He also explained that the Divisional Court had rejected Fleming’s claims under the Constitution and the European Convention of Human Rights.
The Irish Independent reports that the court said that it was ‘impossible’ to liberalise the law on assisted suicide and at the same time protect vulnerable persons such as the aged, the disabled, the poor, the unwanted and others including those who were financially compromised who may be vulnerable to assisted suicide.
The court had heard that Fleming is in the final stages of the illness and would require help to end her own life.
Fleming is wheelchair-bound and needs 24/7 care. Partner Tom Curran provides that care, and the 59-year-old woman is trying to win the choice of end her life with his help should her suffering become too much.
As the Irish suicide law stands – suicide was decriminalized in the country in 1993 – if Curran helps Fleming to end her life then he could be sentenced to 14 years in prison.
"We are taking this case on both our behalfs," Curran told the Irish Independent. "Marie may never exercise the decision (to end her life), but I am willing to go to prison if needs be.
Read more: Ill Irish woman sues for right to die with her partner’s help
“It would give Marie such comfort, such peace of mind, to know that I will be there for her and that she will not have to suffer needlessly. It would give her comfort to know I could help without the threat of prison. Peace of mind, that is what this case is about."
Suicide was decriminalised under Irish law in 1993 but assisted suicide remains a criminal offence attracting a prison term of up to 14 years.
Mother of two Fleming had claimed that the strict ban on assisted suicide was unconstitutional and in breach of the European Convention on Human Rights.
She claimed that the ban violates her rights to dignity, privacy and autonomy.
Now a grandmother, Fleming also claimed that the legal ban is discriminatory as it ‘criminalises assisted suicide but allows an able bodied person to take their own life’.
She had asked Ireland’s Director of Public Prosecutions to issue guidelines outlining what factors to be taken into account in deciding whether to prosecute assisted suicide but DPP Claire Loftus refused to do so.
Loftus had stated: “My office could be exposed to a charge of “aiding and abetting in the commission of a crime.”
The report says that the DPP said she could not provide a ‘roadmap1 to evade prosecution.
Lawyers for the Irish State had opposed the action and said that although suicide had been decriminalised, there was no constitutional right to commit suicide.
The report adds that the State said it was entitled, as a matter of social policy, to maintain the ban.
Fleming is expected to appeal the ruling to the Supreme Court.
Read more: Assisted suicide in U.S. offered by controversial pastor
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Switch to the desktop site to post a comment.Nicoletta | Jan 13, 2013, 10:03 AM EST
Thanks be to God!!
Stiofain | Jan 12, 2013, 11:01 PM EST
Why can't people mind their own business.Shoving their own personal beliefs down other peoples throat! If a terminal illness,I'm going to die...that's what terminal means.I don't want to drag out for me or for my loved ones.So,I guess I'll have to use a 9mm before I have to, because some self absorbed religious nut thinks they what's best for me and my family. Hope,they rot in the hell they believe in!
Happyhippo | Jan 12, 2013, 04:32 PM EST
It been known for a long time that when some terminaly ill patents request with their medical adviser that their medication be reduced gradually so as to induce coma and therefore shorten the period when death accurs,is not seen as assisting in suicide.
Bocktherobber | Jan 11, 2013, 09:49 PM EST
Gearoid4. There is no Divisional Court in Ireland. You must be thinking of England. There is no law in Ireland to prevent anyone from killing themselves.
merefalow | Jan 11, 2013, 07:07 PM EST
this assisted suicide and fast racking is very worrying,i went into casualty for aspirins and they stuck a fast track notice on me,i barely escaped.
Gearoid4 | Jan 11, 2013, 04:19 PM EST
The 3 judge Divisional Court has made the right decision concerning a subject that is very harrowing in terms of the physical pain suffered by patients and and the mental anguish of their relatives and friends. The wider implications of legally letting someone suffering from intense pain kill themselves directly by their own hands or with the help of others, would introduce a precedent that would be too awful to contemplate. Initially it looks compassionate on a superficial level but the nihilism and despair at the heart of such an ideology devalues the worth of people. It only views them in utilitarian and materialistic terms and fails to take account of their inherent spiritual value and integrity. It would undermine the whole area of medical treatment for patients with life-threatening or very serious illnesses/conditions by fatally compromising the ethics of the medical profession. It will also make patients fearful in respect to the attitudes that might greet them in the hospital wards.
Gearoid4 | Jan 11, 2013, 04:15 PM EST
The 3 judge Divisional Court has made the right decision concerning a subject that very harrowing in terms of the physical pain suffered by patients and and the mental anguish of their relatives and friends. The wider implications of legally letting someone suffering from intense pain kill themselves directly by their own hands or with the help of others, would introduce a precedent that would be too awful to contemplate. Initially it looks compassionate on a superficial level but the nihilism and despair at the heart of such ideology devalues the worth of people who happen to suffer from very serious illnesses/diseases. It only views them in utilitarian and materialistic terms and fails to take account of their inherent spiritual value and integrity. It would undermine the whole area of medical treatment for patients with life-threatening or very serious illnesses/conditions by fatally compromising the ethics of the medical profession. It will also make patients fearful in respect to the attitudes that might greet them in the hospital wards.
jamieLM | Jan 11, 2013, 09:42 AM EST
It's a lot easier to judge pain and suffering when it's someone else who is enduring it. There are people who are in excruciating pain 24/7 (in spite of pain meds)to the extent that the quality of their life is Zero. They have no life outside of their pain and suffering. As an RN, I've seen people with ALS, cancer, constant seizures, aggressive forms of CF and MS...very easy for people who suffer relatively mild aches and pains to make judgments about those who have no life except severe pain and suffering and who are totally dependent on others 24/7 for their care.
Silling | Jan 11, 2013, 01:11 AM EST
if Marie Fleming went to Galway those doctors who killed the Indian lady might help!
Bocktherobber | Jan 10, 2013, 08:31 PM EST
Cynicus -- Under Irish law, everyone is entitled to end their own life if they choose to do so. Unlimited suicide, as you describe it, is already a right in our law. This is a case involving a woman who is too restricted in movement to end the hell she is experiencing. Consequently, she will die in misery and indignity instead of at a time and place of her own choosing as we would all wish for ourselves.
Pittsburghkid | Jan 10, 2013, 07:23 PM EST
Life is more important then pain. Pain is not a reason to take your own life. Everyday some one suffers
Portia_O'Neill | Jan 10, 2013, 06:53 PM EST
Of course no one will ever know how Justice Kearns plans to manage his pain as he gets closer to death. It's all very well to talk about death in the abstract when sitting on the bench and another matter when one is actively dying.
Smyrnian | Jan 10, 2013, 06:15 PM EST
Cynicus - if you can't see WKnee's point you are beyond rehab. In the one case (abortion) the person being killed has no choice (decided by others) and in the other case a person is deciding for himself/herself. Get it?
stanJames | Jan 10, 2013, 03:45 PM EST
One of the things I'm surpised that the VAT in rome hasnt tried to outlaw aspirin - which OD can kill your kidneys and liver Time to be free of the vat of rome, whose idea of protecting life is to UNexcommunicate bishop Williamson a holocaust denier in 2009 Proving once again that "protecting life is BS", theonly thing he wants to protect is his own power over others.
cynicus | Jan 10, 2013, 03:32 PM EST
I think of all those persons who suffered in the same way, and who bore their tragic pain and suffering with fortitude and dignity, and with courage. WoundedKnee seems to advocate unlimited suicide as a 'right' - yet says s/he is 'pro-life!' I suppose it's 'easy to sleep on another man's wound,' as the old Irish proverb states.
WoundedKnee | Jan 10, 2013, 02:01 PM EST
This is a very distressing case. I am pro-life, because I believe there are two lives involved in a pregnancy. But I believe that a person has a right to do what they wish with their own life, even decide their life is not worth living, especially if death is a question of when not if. There is no question that her relatives do not love her and wish the very best for her. I hope this lady wins her appeal to the Irish Supreme Court. If she does, she may very well decide not to go anything more. We will never understand the mystery of suffering.
alisaann | Jan 10, 2013, 01:36 PM EST
she should have the RIGHT to END HER SUFFERING, with HELP if need be....i CAN'T believe, that GOD would want her to SUFFER in her final days.....i totally DISAGREE with this ruling. alisa
falconflash | Jan 10, 2013, 12:59 PM EST
Those who suffer greatly, if in their right minds, do everything they can to survive. Only when brain dead, does the Church recommend pulling the plug... Thank God they are there to speak up for the suffering and dying and unborn... too many in our society (Portia) would help push them off the cliff....
Portia_O'Neill | Jan 10, 2013, 10:17 AM EST
The judgement of the Divisional Court shows a singular lack of imagination and compassion for those who suffer.
falconflash | Jan 10, 2013, 10:13 AM EST
In the evil of this world, it is encouraging to see that the Irish don't kill their babies or their seniors....something to be proud of.