A conventional right to assistance in dying: finding a legal compromise

The legal discourse surrounding euthanasia and assisted suicide continues to evolve, particularly within the context of the European Convention on Human Rights. There is gradually a growing demand for comprehensive regulation in England and Wales, where assistance in dying remains prohibited. This article draws on the spirit of the European Convention on Human Rights and the issue of assisting in dying, as it was shaped through leading case law, and argues for a legal compromise. This legal compromise can be achieved through using a criminal law defence for assisted death cases such as diminished responsibility or necessity.