As Scotland debates a significant piece of legislation on assisted suicide, a new legal opinion has flagged potential discrimination issues against people with specific disabilities. The opinion, authored by Tom Cross KC, critiques the proposals put forth by MSP Liam McArthur, drawing attention to possible conflicts with the European Convention on Human Rights (ECHR).
According to Cross, the proposed law risks violating the right to life for those whose disabilities include symptoms like suicidal thoughts, effectively putting them at greater risk. He argues that the bill “unjustifiably discriminates against those persons whose disabilities manifest in the expression of suicidal ideation.”
The Christian Institute, which commissioned the opinion, highlights that despite proposed safeguards to protect vulnerable individuals, these measures are deemed “inadequate” by Cross, especially for those with “greater vulnerability.” The bill, if enacted in its current form, could face legal challenges.
Cross stated, “The time for ensuring that the bill protects the most vulnerable is during its passage through Parliament.”
“In our view, it is inadequate, on analysis, to adopt a ‘wait and see’ approach, by which the State may come to learn in due course whether rights of its citizens have been violated. By that time the bill will be law, and the horse will have bolted.”
This legal scrutiny isn’t isolated to Scotland; similar concerns have been raised about a separate piece of legislation in Westminster, which has progressed through the House of Commons and is now before the House of Lords. Meanwhile, the Scottish bill is undergoing amendments, with a final vote expected by early or mid-2026.
Simon Calvert, Deputy Director of The Christian Institute, emphasized the gravity of the situation, urging MSPs to reconsider their stance. “This stark warning about discrimination against disabled people embedded in this terrible Bill must surely force MSPs into action – especially those who voted in favour of the Bill at Stage 1 earlier this year,” he said.
Calvert elaborated, highlighting the bill’s failure to assess whether a wish to die might stem from the individual’s condition, thereby discriminating against disabled people.
MSP Pam Duncan-Glancy has also voiced concerns, suggesting the bill could pose an “unsurmountable risk to disabled peoples’ equality and human rights.” During a recent parliamentary debate, First Minister John Swinney, speaking personally due to the SNP’s official neutrality, echoed these concerns, stating, “As Miss Duncan-Glancy will know, I do not support the Assisted Dying Bill, and I don’t support it for many of the reasons that she has just put on the record.”
He added: “These are issues that Parliament will have to wrestle with as it considers the legislation. But, I can only express to her my agreement with the point that she’s made.”
This article was originally written by www.christiantoday.com
