Irish Woman Loses Right-To-Die Case

A 58 year old paralyzed Irish woman has lost a landmark case in which she fought for the right to end her own life.

Marie Fleming, a former university lecturer from Co. Wicklow, suffers from multiple sclerosis, and she wanted a High Court order declaring a section of the law that bans assisted suicide declared invalid.

She argued that the law discriminated against her because an able-bodied person is free to take their own life.

Her lawyers said this impaired her right to privacy, autonomy and dignity provided by the Irish constitution.

But the State argued against her, saying that while it was not a criminal act, there was no constitutional right to take your own life.

And it said the State was entitled to maintain the ban on assisted suicide as a social policy to protect others.

Ms Fleming's case was the first time assisted suicide has been brought before the Irish courts.

She told the three high court judges she should be spared a horrible death and be allowed to die lawfully and with dignity with her family present.

But, following a six day hearing, the court ruled against her.

The judges said Ms Fleming was one of the most remarkable witnesses they ever had the privilege to encounter.

High Court President Nicholas Kearns described her courage in taking the case as "both humbling and inspiring."

The ruling said while the judges accepted that an adult had the right to refuse medical treatment even if it led to death, the active taking of steps by a third party to end another person's life was entirely a different matter.

The court said if they could tailor-make a ruling for her case, there may be a good argument for doing that, but any ruling like that would have implications.

It said however, that it would be up to Ireland's Director of Public Prosecutions to decide whether or not to prosecute in cases of assisted suicide.

The court said it "felt sure" the DPP "in this of all cases" would exercise her discretion in a humane and sensitive fashion.