Fleming v. Ireland & Ors

[2013] IESC 19 (2013)

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Fleming v. Ireland & Ors

Ireland Supreme Court
[2013] IESC 19 (2013)

KS

Facts

Marie Fleming (plaintiff) suffered from late-stage, incurable multiple sclerosis that caused significant pain and required constant attention by caregivers. Fleming wished to die in a peaceful and dignified manner at the time of her choosing and with the assistance of Fleming’s partner. Fleming’s partner was willing to assist if such help would be considered lawful. Fleming sought an order in the high court, challenging Ireland’s (defendant) Criminal Law (Suicide) Act 1993 § 2.2, which made assisting suicide a criminal offense. Fleming argued that § 2.2 violated Ireland’s constitution and Fleming’s constitutionally protected rights to suicide and to determine the time of her death. The high court determined that the prohibition on assisted suicide was justified. Fleming appealed to the Ireland Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Denham, C.J.)

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