A proposed amendment to a landmark assisted dying bill in England and Wales has ignited fierce debate over the inclusion of mentally ill and disabled individuals who have a terminal prognosis of six months or less.
Labour MP Kim Leadbeater, who has represented Spen Valley since 2021, introduced the private member’s bill aiming to grant terminally ill patients the right to medically assisted death. On Wednesday, she proposed an amendment to clarify that having a mental disorder or disability does not automatically disqualify individuals from accessing assisted dying, provided they meet all other eligibility criteria.
Concerns Over Mental Health Implications
Opponents of the amendment warn that the change could lead to unintended consequences, including allowing individuals with severe mental illnesses, such as anorexia, to qualify for assisted dying. Critics argue that this could fail to protect vulnerable individuals whose conditions lead to self-neglect and chronic low mood.
A source within the bill’s committee raised concerns that the amendment does not adequately address risks for people with eating disorders, emphasizing that in previous UK legal cases, courts have classified severe anorexia as a terminal condition.
“This amendment does not ensure that mental illness or disability is not influencing a patient’s decision to seek assisted death,” the source stated. “It could enable patients with conditions like anorexia to qualify, as their illness could be framed as a terminal condition leading to death within six months.”
Ms. Leadbeater has repeatedly denied claims that the bill was ever designed to include mentally ill or disabled individuals who are not terminally ill. Speaking to The Telegraph, she emphasized that the bill “makes clear that a mental disorder alone would not make a person eligible.”
Her amendment now explicitly states: “For the avoidance of doubt, a person is not to be considered to be terminally ill only because they are a person with a disability or mental disorder (or both).”
However, legal experts argue that this does not eliminate the possibility of eligibility for patients whose mental health conditions result in life-threatening physical effects. Barrister James Kirby explained that the bill’s definition of terminal illness includes individuals with a progressive condition expected to cause death within six months, which could, in some cases, apply to those suffering from the physical impacts of mental disorders.
The medical community remains divided on the bill’s potential implications. Researcher Chelsea Roff, who testified before the committee last week, warned that some UK court rulings have already categorized late-stage anorexia as a terminal condition, leading to the withdrawal of life-sustaining treatment.
“In the US, we have seen cases where physicians cite ‘terminal malnutrition’ rather than anorexia itself to justify assisted death,” Roff stated. “This amendment does not entirely prevent similar interpretations in the UK.”
The debate continues to spark broader ethical and legal discussions, with opponents warning of a potential ‘slippery slope’ and proponents advocating for personal autonomy and dignity in end-of-life decisions.
Conservative lawmakers have expressed staunch opposition to the bill, citing concerns over the potential for coercion, lack of safeguards for vulnerable individuals, and the ethical implications of expanding assisted dying laws. Many argue that prioritizing palliative care should be the government’s focus rather than broadening access to assisted death.
Internationally, seven European countries—including the Netherlands, Belgium, and Spain—have legalized some form of assisted dying, each with varying safeguards and eligibility criteria. The debate in the UK echoes broader global discussions on the ethical, medical, and legal ramifications of such legislation.
As the bill progresses through Parliament, the issue remains deeply polarizing, with significant implications for the future of end-of-life care in the UK.
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