Case-note on R (onthe application of Nicklinson) v Ministry of Justice [2014] UKSC 38 - Essay Example

such a case, autonomy refers to the capability and right to make a personal choice, and as such, in most circumstances people always act in denial of the legitimacy of choices especially in situations whereby there is a militate against autonomy1. A specific example applicable in such a case is the voluntary entry by an individual into drug addiction, or into slavery. Consequently, when one chooses suicide, he or she chooses not to be in a position to make any more choices. However, it is imperative to note that the choice of suicide is defendable before the courts of law.

Nevertheless, the main argument that the choice of suicide in some cases promotes autonomy does not fit to enlist in the favour of the same because suicide still stands out as a course of death. Through this judgement, the Supreme Court of the United Kingdom substantially advanced the cause of individuals in the country who are keen on putting an end to their lives in a humane manner. In addition, it also created a precedent for other cases as a leading judgement within incompatibility declarations in the appreciation margin of the United Kingdom.

Tony Nicklinson, the key player in this case, wanted to put an end to his life after getting tired of his illness which had paralysed him almost completely after he suffered a catastrophic stroke. However, the bone of contention in this case was that Nicklinson health condition could not permit him to end his life on his own. As such, his physical incapacity demanded that he seeks the help of another person in putting an end to his life, since he could not perform it without receiving help from other people except through self-starvation.

Therefore, Nicklinson wished to receive assistance from others in order to commit his proposed suicide. Nevertheless, section 2 of the 1961 Suicide Act stood in the way of other people coming to his help to aid him commit suicide lawfully2. The suicide act says that an individual, “D” commits a legal offense