Abstract
This week has been an interesting week in medical law. It has been reported that courts in Belgium have allowed a healthy woman to access euthanasia because she has had ' suicidal thoughts since childhood' meanwhile in the Netherlands there has been a push to allow children under the age of 12 with terminal illnesses or illnesses that make life unbearable to access euthanasia. Back in the UK Lord Falconer's Bill is on its way through parliament and if it is passed into law it would allow people who have capacity, a terminal illness and less than 6 months to live to access euthanasia legally as long as they are domicile in the UK. These stories prompted me to look at whether or not euthanasia should ever be an option for a healthy person. For the sake of space I will assume that we are only considering adults over the age of 18 in situations where there is a genuine desire to die and no malice on the part of the physician. In this essay I am going to explore, firstly, the reasons why euthanasia has been legalised in some European countries and the main arguments for its legalisation. Secondly, why healthy people may choose euthanasia over suicide and whether this should be a lawful choice and finally whether it is consistent with the aims of medical law for the euthanasization of healthy people to be lawful.
Reasons why euthanaisa should be legal in some cases
Autonomy- one of the main reasons behind the push to legalise euthanasia in Europe has been the desire to respect people's right to die and not continue a life that they consider not worth living. In the case of healthy people this argument still holds strong. If what makes the England a modern and civil state is our desire to allow citizens to make their own choices for their own reasons then we should allow healthy people to have access to euthanasia simply because this is what they want. This would of course be subject to the conditions that the Doctor would not gain for the euthanasia and that the patient had a certain, capacitated and long held desire to die.
Non-discrimination- another argument that frequently features in the euthanasia debate is the need for people who physically cannot commit suicide due to paralysis or disability to have the same right to suicide as able bodied people. This is where we run into problems if we allow healthy people to have access to euthanasia,Suicide was made legal by the Suicide Act 1967 but assisted suicide and euthanasia remain illegal. If a healthy person wants to die then suicide is still an option for them, assuming that paralysis and disability take you out of the category of 'healthy persons'. Therefore it seems to go to far to say that not only should healthy people be allowed to kill themselves but they should also be allowed to ask a medical professional to help them. There is no discrimination in the case of a healthy adult who wants to die, they can commit suicide and the law cannot step in.
Prevention of harm- finally in most right to die cases the issue arises that the person wants to die and is currently in pain or mental distress to such an extent that doctors should help them die in order to prevent their suffering continuing. In the case of a healthy person seeking euthanasia this may be an issue because there may be no harm being prevented. It is of course arguable that the woman in Belgium, known only as 'Laura' was in such mental distress by her suicidal thoughts that allowing her to die prevented this suffering. However it is also clear that in many cases counselling, mental health treatments and other medical treatments may help to relieve this mental distress and so letting someone die would actually take away the chance of recovery rather than cure them.
Why would a healthy adult choose euthanasia?
I accept that I have limited space and knowledge in this area to really explain and analyse all the reasons why someone may want to be euthanized despite being physically able to commit suicide themselves. For now I shall look at 2 reasons. First, a fear that another suicide attempt may fail and second an inability to go through the process of suicide alone.
If a healthy adult wishes to die and wants a physician to help because they have attempted suicide before and failed then euthanasia may seem like the best option. The healthy person may believe that a doctor will be able to ensure that they are given drugs that will be sure to work and that death will be as peaceful and painless as possible. Whilst this seems rational and logical it misses out the fact that another person, the physician will be complicit in the euthanasia and so would have to consent to effectively killing a healthy person. In law consent is no defence to harm and so if the euthanasia of healthy people was legalised this really would be an extraordinary anomaly in English Law. It is possible that doctors would be given a right to conscientious objection which is fair and reasonable however my question would be what kind of doctor would agree to kill a healthy patient and go against all they have learnt at medical school about how the doctor's duty is to protect and care for their patients?
Secondly, if a healthy person wishes to access euthanasia because they feel they have not got the ability to go through the process alone then it should be asked whether they really do want to die. Part of the reason suicide is lawful is because the person themselves is ending their own life and right up until the last moment they can choose to remain alive. If doctors could assist a healthy person's suicide then the doctor will be taking the final steps of actually killing the patient and so the patient's autonomy in those last few seconds of life is surrendered to the Doctor. Therefore giving healthy people access to euthanasia is not protecting their autonomy as the law should.
Conclusion: would allowing healthy people to be euthanized be consistent with English medical law?
In short, no. Euthansia would not protect the healthy person's autonomy in the same way suicide does. The healthy person could not withdraw his consent once the lethal dose has been administered but he could choose not to jump from a bridge. This is why suicide is legal and euthanasia is not. English medical law has foundations in patient autonomy. Allowing healthy people to be euthanized also goes against the foundations of the medical profession as it effectively allows a doctor to end a patient's life and it offends the principle of the prevention of harm. Therefore overall I feel that the legalization of euthanasia for healthy people is unacceptable on medical and ethical grounds and although it is unlikely a judgement like the one in Belgium will ever happen in England judges should be slow to follow the Belgian model
A legal blog looking at recent cases, current legal affairs and making a career in law.
Sunday, 28 June 2015
Results Day
Dear Readers,
Thank you so much for to all of you who wished me luck on the 23rd. I am delighted to announce that I will be graduating from Queen Mary University of London with a first class honours for my Law LLB. Once again I was humbled by your support and honest critique of my work. Thank you to everyone at The Lawyer for helping me boost the publications section of my CV. The clerks at OTC, 1 GC and Staple Inn for their guidance and help with getting experience of the best cases. Finally thank you to all the students who read this blog and told me how much it has helped them. I really appreciate your loyalty and patience and I cannot wait to continue writing at Bar School and Pupillage.
Every kind wish,
KT
Thank you so much for to all of you who wished me luck on the 23rd. I am delighted to announce that I will be graduating from Queen Mary University of London with a first class honours for my Law LLB. Once again I was humbled by your support and honest critique of my work. Thank you to everyone at The Lawyer for helping me boost the publications section of my CV. The clerks at OTC, 1 GC and Staple Inn for their guidance and help with getting experience of the best cases. Finally thank you to all the students who read this blog and told me how much it has helped them. I really appreciate your loyalty and patience and I cannot wait to continue writing at Bar School and Pupillage.
Every kind wish,
KT
Monday, 1 June 2015
Lincoln's Inn BPTC major scholarship award interviews
Dear Readers,
As promised I am here to offer a concise run down and top 5 tips for the dreaded Lincoln's Inn interview.
A brief outline of the process post offer of interview
Firstly, huge congratulations on getting this far. If you have been offered a scholarship interview at any Inn but especially Lincoln's you are already part of an elite set of prospective barristers who a star studded set of benchers have deemed worthy of investigation. This may seem very wishy washy but maintaining this perspective will give you the boost and reassurance you need to get through what is an enjoyable but daunting interview. In short, the interview will involve a panel of 3 members (usually a bencher who will be a QC or judge, and 2 barristers) in my case I was confronted with 2 judges and a QC who whilst intimidating where absolutely awe-inspiring. Next they will proceed to ask you questions about the area of law you wish to specialize in, tear apart your application form and press you for your financial capability to fund or not fund BPTC.
Key aspects of the interview
Firstly, your specialism. I would recommend knowing which area you said you were looking to go into on your application form and not being afraid to say if this opinion has changed or been narrowed since. They want to see that you have drive and knowledge of where your career is heading not that you never change your mind. For me, this involved explaining that whilst my application form was tailored towards the Family Bar what I actually wanted to work in specifically was child protection law, court of protection cases involving children and child public law. I had spent an excessive amount of time researching and working in these areas however I think what matters is that you know your area well and are willing to research not that you can answer a quiz on the area of your choice. Also do not be afraid to mention more than one area for example I mentioned my first class results in Public and administrative law and my desire to mix this with work with the incapacitated and children. However, if your plans are not quite so easy to explain then do not worry just ensure that you know what your area involves and that you can justify what it is that inspires you about your area of the Bar.
Secondly, you must know your specialist area in some depth. For example know the big recent cases, supreme court decisions and any new bills in this area that are currently in parliament. Also know why you will excel in this area and what you can bring to advocacy in your area of the Bar. For example if you are interested in Commercial Law a keen eye for analysis and stats will help, be good with numbers and be able to tackle legal and economic jargon with ease. Push your ability to make complex legal arguments and deal with rich, demanding and often troublesome clients. However if you want to work in Family Law realize that you need to be far more empathetic, down to earth and able to simplify the law and legal arguments for what are sometimes very volatile and vulnerable clients.
Thirdly, know your application form inside out. Work out which words you used just to fill space or sound sophisticated and work out how you are going to justify yourself. For example, if you said a lecture on X by Y was very inspiring be ready to explain X in detail and why Y was particularly talented. What did X inspire you to do and why did Y help you realize this aspiration?
Finally, although you do not have to know how you will fund the BPTC to the £ make sure you accurately portray how much you, yourself have at your disposal to invest in your dreams. Do not be afraid to say that you will need to borrow or beg or that you will work for a year (or a decade) to fund your BPTC course. What matters is that you show willingness to study and succeed even if you do not get any extra funding.
5 Top Tips
I would like to end this post with a disclaimer... these tips are not idiot proof and will not guarantee you a scholarship. They will however help you to present your best points in the best way you can. The rest however is for fate to decide (and a room full of judges, QCs and admin staff)
1. Do not act like you are on the Apprentice- This is not a competition, it is a pitch. Do not worry about that guy in the corner with 20 years experience running his own business and his £2000 suit. Worry about you and ensuring that you shine. You do not have to be the most experienced, the smartest or the oldest you just have to hold yourself well and believe in your ambitions
2. Laugh- no, not like a maniac. Just do not be afraid to relax. Remember that the panel sat in front of you have been your side of the desk. They know that there are people with a first class Law LLB from Oxford in the waiting room but they also know that you have something unique to bring to the Bar. They are human and they are compassionate, if you make them feel like that they will make sure you know that BPTC is closer than you think.
3. Stay calm- remain focused and show off those well refined reasoning skills and the award winning personality that got you this far.
4. Maintain your perspective- realize that it is incredibly hard to get this scholarship and that many award winning QCs and judges did not make the cut when they applied. This is not the be all and end all this is one step on your journey to creating arguably the best career there is. If you fail get back up and keep moving forward (see Rocky for further details)
5. Invest- look smart but also act smart. It is okay to spend your student loan on the perfect suit but that will not pay £18,500 for your BPTC year. What might is investing emotionally in what you do in the interview room. Do not think about what someone else would do. Articulate what this means to you and why you are worthy of a scholarship.
Thank you for taking the time to read this post. I hope this was helpful for all of you who asked me to assist with your interview and BPTC preparation. Please remain aware that you will achieve your ambitions with hard work and if it does not happen at this interview it will at one in future. Most importantly, good luck and see you all at the Bar.
Every kind wish,
KT
As promised I am here to offer a concise run down and top 5 tips for the dreaded Lincoln's Inn interview.
A brief outline of the process post offer of interview
Firstly, huge congratulations on getting this far. If you have been offered a scholarship interview at any Inn but especially Lincoln's you are already part of an elite set of prospective barristers who a star studded set of benchers have deemed worthy of investigation. This may seem very wishy washy but maintaining this perspective will give you the boost and reassurance you need to get through what is an enjoyable but daunting interview. In short, the interview will involve a panel of 3 members (usually a bencher who will be a QC or judge, and 2 barristers) in my case I was confronted with 2 judges and a QC who whilst intimidating where absolutely awe-inspiring. Next they will proceed to ask you questions about the area of law you wish to specialize in, tear apart your application form and press you for your financial capability to fund or not fund BPTC.
Key aspects of the interview
Firstly, your specialism. I would recommend knowing which area you said you were looking to go into on your application form and not being afraid to say if this opinion has changed or been narrowed since. They want to see that you have drive and knowledge of where your career is heading not that you never change your mind. For me, this involved explaining that whilst my application form was tailored towards the Family Bar what I actually wanted to work in specifically was child protection law, court of protection cases involving children and child public law. I had spent an excessive amount of time researching and working in these areas however I think what matters is that you know your area well and are willing to research not that you can answer a quiz on the area of your choice. Also do not be afraid to mention more than one area for example I mentioned my first class results in Public and administrative law and my desire to mix this with work with the incapacitated and children. However, if your plans are not quite so easy to explain then do not worry just ensure that you know what your area involves and that you can justify what it is that inspires you about your area of the Bar.
Secondly, you must know your specialist area in some depth. For example know the big recent cases, supreme court decisions and any new bills in this area that are currently in parliament. Also know why you will excel in this area and what you can bring to advocacy in your area of the Bar. For example if you are interested in Commercial Law a keen eye for analysis and stats will help, be good with numbers and be able to tackle legal and economic jargon with ease. Push your ability to make complex legal arguments and deal with rich, demanding and often troublesome clients. However if you want to work in Family Law realize that you need to be far more empathetic, down to earth and able to simplify the law and legal arguments for what are sometimes very volatile and vulnerable clients.
Thirdly, know your application form inside out. Work out which words you used just to fill space or sound sophisticated and work out how you are going to justify yourself. For example, if you said a lecture on X by Y was very inspiring be ready to explain X in detail and why Y was particularly talented. What did X inspire you to do and why did Y help you realize this aspiration?
Finally, although you do not have to know how you will fund the BPTC to the £ make sure you accurately portray how much you, yourself have at your disposal to invest in your dreams. Do not be afraid to say that you will need to borrow or beg or that you will work for a year (or a decade) to fund your BPTC course. What matters is that you show willingness to study and succeed even if you do not get any extra funding.
5 Top Tips
I would like to end this post with a disclaimer... these tips are not idiot proof and will not guarantee you a scholarship. They will however help you to present your best points in the best way you can. The rest however is for fate to decide (and a room full of judges, QCs and admin staff)
1. Do not act like you are on the Apprentice- This is not a competition, it is a pitch. Do not worry about that guy in the corner with 20 years experience running his own business and his £2000 suit. Worry about you and ensuring that you shine. You do not have to be the most experienced, the smartest or the oldest you just have to hold yourself well and believe in your ambitions
2. Laugh- no, not like a maniac. Just do not be afraid to relax. Remember that the panel sat in front of you have been your side of the desk. They know that there are people with a first class Law LLB from Oxford in the waiting room but they also know that you have something unique to bring to the Bar. They are human and they are compassionate, if you make them feel like that they will make sure you know that BPTC is closer than you think.
3. Stay calm- remain focused and show off those well refined reasoning skills and the award winning personality that got you this far.
4. Maintain your perspective- realize that it is incredibly hard to get this scholarship and that many award winning QCs and judges did not make the cut when they applied. This is not the be all and end all this is one step on your journey to creating arguably the best career there is. If you fail get back up and keep moving forward (see Rocky for further details)
5. Invest- look smart but also act smart. It is okay to spend your student loan on the perfect suit but that will not pay £18,500 for your BPTC year. What might is investing emotionally in what you do in the interview room. Do not think about what someone else would do. Articulate what this means to you and why you are worthy of a scholarship.
Thank you for taking the time to read this post. I hope this was helpful for all of you who asked me to assist with your interview and BPTC preparation. Please remain aware that you will achieve your ambitions with hard work and if it does not happen at this interview it will at one in future. Most importantly, good luck and see you all at the Bar.
Every kind wish,
KT
Law LLB is over
Dear All,
Thank you for all your kind wishes these past few months. As most of you know I finished my Law LLB at QMUL last week which is why I haven't posted since March! I thought after some much needed sleep now was a good time to update you with my progress and plans for Legal Luminance. As some of you already know back in April I was lucky enough to receive a Lord Denning scholarship from Lincoln's Inn which means my BPTC year is being funded for me. Of course this is amazing news not just for me but it also means you lucky people on here will get a first hand insight into life at BPP Bar school and with any luck life at the Bar of England and Wales. I want to take this opportunity to thank each and every one of you who helped me prepare for my interview, offered me publication deals and opportunities and generally just sent kind words of encouragement. I will be posting a realistic and hopefully winning formula for tackling the Lincoln's Inn scholarship interviews in due course which I know many of you requested. I will also be posting shortly about my route to BPTC and general tips for gaining a place at one of London's immensely competitive but fabulous Bar schools. Finally at some point in the near future I will be aiming to publish my paper on Human Rights reform and why Mr Cameron has scrapped it from this year's Queen's speech to parliament and hopefully I may even have time to throw some light on my Bar ambitions and the areas I have worked and wish to work in next year.
Thank you so much for your time and patience.
Every kind wish,
KT
Thank you for all your kind wishes these past few months. As most of you know I finished my Law LLB at QMUL last week which is why I haven't posted since March! I thought after some much needed sleep now was a good time to update you with my progress and plans for Legal Luminance. As some of you already know back in April I was lucky enough to receive a Lord Denning scholarship from Lincoln's Inn which means my BPTC year is being funded for me. Of course this is amazing news not just for me but it also means you lucky people on here will get a first hand insight into life at BPP Bar school and with any luck life at the Bar of England and Wales. I want to take this opportunity to thank each and every one of you who helped me prepare for my interview, offered me publication deals and opportunities and generally just sent kind words of encouragement. I will be posting a realistic and hopefully winning formula for tackling the Lincoln's Inn scholarship interviews in due course which I know many of you requested. I will also be posting shortly about my route to BPTC and general tips for gaining a place at one of London's immensely competitive but fabulous Bar schools. Finally at some point in the near future I will be aiming to publish my paper on Human Rights reform and why Mr Cameron has scrapped it from this year's Queen's speech to parliament and hopefully I may even have time to throw some light on my Bar ambitions and the areas I have worked and wish to work in next year.
Thank you so much for your time and patience.
Every kind wish,
KT