Fulfilling its role as an equality regulator and a National Human Rights Institution, the Equality and Human Rights Commission (EHRC) has provided the UK Parliament and the UK Government with advice ahead of the second reading of the Terminally Ill Adults (End of Life) Bill.
The EHRC does not take a position in favour or opposed to assisted dying. Its advice highlights the key issues in relation to equality and human rights that will be vital to Parliament when considering the legislation and coming to an informed decision on this matter.
Assisted dying is a complex and sensitive topic involving strong emotion and often deeply held religious, personal, or philosophical beliefs. The EHRC notes the importance of this debate being conducted respectfully and in a way which is sensitive to avoid discrimination or increased tensions between groups with different protected characteristics.
This is particularly relevant for government and other public bodies subject to the Public Sector Equality Duty, which requires the fostering of good relations between groups.
Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission said:
“This is a complex and emotive subject. It is essential that any legislation on assisted dying upholds everyone’s rights. It must protect and respect the beliefs of individuals, as well as those of medical professionals.
“Comprehensive safeguards must ensure that those faced with this difficult decision have capacity and take their decision free from coercion.
“Parliament has a responsibility to ensure equality and human rights concerns are at the forefront of their decision making, I urge MPs to carefully consider our briefing.”
This legislation is likely to have a particular impact on older people and those with disabilities. The EHRC is advising that safeguards must be in place to ensure the legislation does not discriminate against these, or any other, protected characteristics.
The EHRC’s briefing notes that equal access to high quality health care would be fundamental. Uneven availability and quality of palliative care across the UK could mean that assisted dying exacerbates a ‘postcode lottery’ for those living with terminal illnesses.
The EHRC will continue to monitor the Bill as it progresses through Parliament.
Background
- The Terminally Ill Adults (End of Life) Bill applies to England and Wales. In August 2024, the EHRC submitted a response to the Scottish Parliament’s consultation on the Assisted Dying (Scotland) Bill.
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