EUTHANASIA, HUMAN RIGHTS AND THE LAW, PART 6

7 Commentary

Individual support for the issue of euthanasia is, at its core, a matter of personal belief. Values based on ‘sanctity of life’ and ‘personal autonomy’ are usually grounded in deeply held moral and/or religious beliefs. Further, supporting euthanasia may not be an absolute position. People may support some forms of euthanasia, such as passive voluntary euthanasia, while rejecting other, more active, forms of euthanasia.

The functions of the Australian Human Rights Commission include examining legislation and proposed legislation for compliance with human rights standards,[269] and promoting understanding, acceptance and public discussion of human rights in Australia.[270]

Any definitive position taken by the Commission on voluntary euthanasia will depend on the way in which it is framed in legislation. In the absence of a specific proposal to legislate for any form of euthanasia, the commentary below should be taken as indicative of a general position based on consideration of the relevant human rights laws and principles presented in this paper.

(a) Passive voluntary euthanasia

The most striking aspect of passive voluntary euthanasia, defined as the withdrawal or withholding of treatment by omission, is that it is already occurring, although is not referred to as such. Whether it is called palliative care or ‘good medical practice’ it forms part of our current medical landscape when considering ‘end of life choices’ and is subject to regulation. As these practices already exist, are generally accepted within the Australian community and are broadly consistent with human rights standards, there seems little to be gained in arguing for or against these practices. Instead the form of regulation in place can usefully be subject to scrutiny.

Currently the regulation of passive voluntary euthanasia practices rests with the states and territories, where, in the absence of legislation or other regulation, the common law applies. Mostly state-level regulation focuses on setting up systems that allow people to formalise or ‘expressly state’ their wishes through instruments such as advanced care directives and enduring powers of attorney or guardianship. These systems also include an array of safeguards to ensure that decisions are voluntary and informed.

From a human rights perspective, any potential breach of the right to life is arguably alleviated by the inclusion of strict safeguards in advance directives and enduring powers of attorney. Other rights – the rights to privacy and freedom of belief – are similarly served by these instruments that place at the forefront the control of the individual over their bodies, beliefs and end of life choices.

What can be subject to criticism is the inconsistent nature of this regulation. Common regulatory features exist between states and territories, however the level of regulation varies significantly as do the consistency in safeguards and liability provisions. For example, while advance directives legislation exists in some states/territories, in New South Wales these practices are wholly regulated by guidelines. If reliance is given to the existence of adequate safeguards in ensuring the ‘non-arbitrary’ deprivation of life then, at minimum, such safeguards should be consistent and represent best human rights practice across the country. There may be a role for the Federal Government in leading development of a nationally consistent approach on this issue.

(b) Active voluntary euthanasia

Currently active voluntary euthanasia practices involving a ‘lethal act’ are illegal in Australia and are regulated by assisted suicide and murder provisions in criminal law. The practice of administering pain relief with the incidental effect of ‘hastening death’ is legal in a number of states/territories although, in the absence of judicial determination, it is unclear whether practices amounting to ‘a lethal act’ would be covered by these provisions. Again, there may be a leadership role for the Federal Government towards ensuring that ‘hastening death’ provisions are consistent across states and territories and accord with best practice human rights standards.

It is noteworthy that where a ‘lethal act’ is clearly identified in so-called ‘mercy-killings’, courts have typically imposed more lenient sentences, which perhaps indicates a shift in how these practices are viewed. The recent Senate Inquiry referenced Australian polls that show strong public support for active voluntary euthanasia. Yet unlike passive voluntary euthanasia, supporting active voluntary euthanasia would require law reform, where the form of regulation would be a matter of debate, rather than improving on an existing system.

Notwithstanding this, the precedent has been set in Australia with the now invalid Rights of the Terminally Ill Act 1995 (NT) which has, subsequently, been used as the model for the exposure draft of the Medical Services (Dying with Dignity) Exposure Draft Bill presented to Federal Parliament in 2014 and subjected to a subsequent inquiry by the Senate Legal and Constitutional Affairs Legislation Committee.

Apart from arguments about ‘sanctity of life’ and personal autonomy, the major objections to regulating active voluntary euthanasia as summarised by the Senate Inquiry are largely practical. The ‘role of the doctor’ and end of life choices within a palliative care process can co-exist with an active voluntary euthanasia regime. People who would not wish to choose active voluntary euthanasia options could remain within the palliative care process and access the options it offers. All doctors would not be required to provide euthanasia services, only those who wished to do so.

Further, non-doctors could possibly be involved in the provision of euthanasia services, which currently occurs in Switzerland. ‘Slippery slope’ arguments are primarily concerned with the risk that unsanctioned deaths would occur without specific consent and/or in non-terminal cases. The practical solution to this would be to improve the safeguards contained within any regulatory regime in order to prevent this from occurring, to the greatest extent possible.

Well drafted ‘proactive’ legislation permitting and regulating active voluntary euthanasia can deliver certainty, transparency and above all, protection to all who may be involved in these practices. This would not be the case if such practices were simply decriminalised. If jurisdictions in Australia were simply to decriminalize participation in voluntary euthanasia processes without regulating such processes, this may not be consistent with the State’s positive obligation to protect against arbitrary deprivations of life in article 6 of the ICCPR.

It is arguable whether practices amounting to active voluntary euthanasia are best regulated by criminal law provisions. The use of a number of ‘mitigating’ mechanisms in so-called ‘mercy killings’ seems to indicate a criminal justice system grappling to find the right balance between intention and outcome. However, it must be acknowledged that for some the best possible safeguard is a total ban on these practices that the criminal law currently provides.

If it is accepted that a ‘proactive’ legislative approach was able to deal with the practical objections to active voluntary euthanasia, then it would be incumbent on the Commission to advocate for a model with best practice safeguards which meet human rights standards. Other international comparative jurisdictions may provide better safeguards or approaches to improve upon the model presented to Federal Parliament in 2014. The safeguards contained within that model would allow people to ‘expressly state’ their wishes through a ‘Certificate of Request’. Such an instrument is intended to provide certainty to all participants in the process, including health professionals and law enforcement, and would be accompanied by a range of safeguards to ensure that the decision made is both voluntary and informed. Such safeguards aim to minimise the risk of any arbitrary deprivation of life, and confer to people the right to control over their end of life choices in a manner that is consistent with their beliefs.

The alternative is to allow the prohibition of such practices to remain within the realm of criminal law. However, the groundswell of public support and history of legislative attempts within Australia, as well as the general trend toward legislating active voluntary euthanasia in a number of comparable countries, may signal a social shift on this issue which may in time compel a definitive legal response.

[1] Castan Centre for Human Rights, Euthanasia, Have you got that right? At http://www.haveyougotthatright.com/seasons/season-1/#euthanasia (viewed 8 April 2016).

[2] Castan Centre for Human Rights, Euthanasia, Have you got that right? At http://www.haveyougotthatright.com/seasons/season-1/#euthanasia (viewed 8 April 2016).

[3] Castan Centre for Human Rights, Euthanasia, Have you got that right? At http://www.haveyougotthatright.com/seasons/season-1/#euthanasia (viewed 8 April 2016).

[4] George Zdenkowski, Human Rights and Euthanasia, Occasional Paper of the Human Rights and Equal Opportunity Commission (1996), 2. At https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/human-rights-and-euthanasia (viewed 8 April 2016).

[5] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 1: Passive Voluntary Euthanasia, Parliamentary Library Research Paper No 3 (1996-7), pi.

[6] George Zdenkowski, Human Rights and Euthanasia, Occasional Paper of the Human Rights and Equal Opportunity Commission (1996), p 2.

[7] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 1: Passive Voluntary Euthanasia, Parliamentary Library Research Paper No 3 (1996-7), pi.

[8] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 1: Passive Voluntary Euthanasia, Parliamentary Library Research Paper No 3 (1996-7), pi.

[9] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 1: Passive Voluntary Euthanasia, Parliamentary Library Research Paper No 3 (1996-7), pi.

[10] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 1: Passive Voluntary Euthanasia, Parliamentary Library Research Paper No 3 (1996-7), piii.

[11] See, e.g. Queensland Government: Queensland Health, Implementation Guidelines: End-of-life care: Decision-making for withholding and withdrawing life-sustaining measures from adult patients, part 2. At: https://www.health.qld.gov.au/qhpolicy/docs/gdl/qh-gdl-005-1-2.pdf

[12] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 28.

[13] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 28.

[14] Australian Medical Association, Position Statement on the Role of the Medical Practitioner in End of Life Care 2007 (Amended 2014). At: https://ama.com.au/position-statement/role-medical-practitioner-end-life-care-2007-amended-2014 (viewed 8 April 2016).

[15] Australian Medical Association, Position Statement on the Role of the Medical Practitioner in End of Life Care 2007 (Amended 2014). At: https://ama.com.au/position-statement/role-medical-practitioner-end-life-care-2007-amended-2014 (viewed 8 April 2016).

[16] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 28.

[17] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 28-9.

[18] See, for example, NSW Government, Department of Health, What is Advance Care Planning? (11 February 2016). At: http://www.health.nsw.gov.au/patients/acp/Pages/advance-care-planning.aspx (viewed 8 April 2016); Government of Western Australia, Department of Health, Frequently Asked Questions, Advance Health Directives. At http://www.health.wa.gov.au/advancecareplanning/home/faqs.cfm#25 (viewed 8 April 2016).

[19] Government of Western Australia, Department of Health, Frequently Asked Questions, Advance Health Directives. At http://www.health.wa.gov.au/advancecareplanning/home/faqs.cfm#25 (viewed 8 April 2016).

[20] Medical Treatment (Health Directions) Act 2006 (ACT) ss 7 and 9.

[21] Advance Care Directives Act 2013 (SA) s 11 (requires use of particular form); Advance Personal Planning Act 2013 (NT) ss 8(1)(a), 9, 10, and 38; Medical Treatment Act 1988 (Vic) s 5; Medical Treatment (Health Directions) Act 2006 (ACT) ss 7-9; Guardianship and Administration Act 1990 (WA) ss 3 and 110P; Powers of Attorney Act 1998 (Qld) s 35. Note though, for example, in Victoria and the ACT palliative care is expressly excluded from the definition of medical treatment which a person can refuse (see ss 3 and 4 of the Medical Treatment Act 1988 (Vic) and s 6 of the Medical Treatment (Health Directions) Act 2006 (ACT)).

[22] Advance Care Directives Act 2013 (SA) s 34(2); Advance Personal Planning Act 2013 (NT) s 40; Medical Treatment (Health Directions) Act 2006 (ACT) s 11; Guardianship and Administration Act 1990 (WA) s 110S (‘at any time the maker of the directive is unable to make reasonable judgments in respect of that treatment’).

[23] Powers of Attorney Act 1998 (Qld) s 36. Also, s 66A of the Guardianship and Administration Act 2000 (Qld) provides that whether contained in an advance directive or given by an enduring power of attorney, ‘consent to the withholding or withdrawal of a life-sustaining measure for the adult cannot operate unless the adult’s health provider reasonably considers the commencement or continuation of the measure for the adult would be inconsistent with good medical practice.’

[24] Medical Treatment Act 1988 (Vic) s 5.

[25] Advance Care Directives Act 2013 (SA) ss 19 and 36 and Consent to Medical Treatment and Palliative Care Act 1995 (SA) s 17(2)(b); Advance Personal Planning Act 2013 (NT) ss 41, 45, 52 and 53(1) and (4); Medical Treatment Act 1988 (Vic) s 6; Guardianship and Administration Act 1990 (WA) s 110ZJ (note however that there is an exception in this Act for urgent treatment following an attempted suicide, in which case a directive may be overridden – see s 110ZIA); Powers of Attorney Act 1998 (Qld) s 36 (1)(b) (but see s 103, which protects health providers for non-compliance with an advance health directive in certain circumstances, including if the health provider believes that the directive is ‘inconsistent with good medical practice’).

[26] See, e.g. Powers of Attorney Act 1998 (Qld) s 103; Advance Care Directives Act 2013 (SA) s 36(2).

[27] See, for e.g., Advance Care Directives Act 2013 (SA) s 38; Advance Personal Planning Act 2013 (NT) s 45; Guardianship and Administration Act 1990 (WA) s 110ZK.

[28] See Advance Personal Planning Act 2013 (NT) ss 45 and 46 and Guardianship and Administration Act 1990 (WA) s 110ZL.

[29] Medical Treatment Act 1988 (Vic) s 9; Advance Care Directives Act 2013 (SA), s 41; Medical Treatment (Health Directions) Act 2006 (ACT) s 16.

[30] Powers of Attorney Act 1998 (Qld) s 101.

[31] Powers of Attorney Act 1998 (Qld) s 37. Section 296 of the Criminal Code 1899 (Qld) provides that ‘A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.’

[32] NSW Government, NSW Health, Guideline: Advance Care Directives (NSW) – Using (2005) 5. At http://www0.health.nsw.gov.au/policies/gl/2005/GL2005_056.html(viewed 8 April 2016).

[33] Advance Care Directives Act 2013 (SA) ss 21, 23(1) and 34(1); Advance Personal Planning Act 2013 (NT), ss 15, 16, 17, 20; Powers of Attorney Act 2014 (Vic) ss 22, 23; Powers of Attorney Act 2006 (ACT) ss 8, 13(2), 32; Guardianship and Administration Act 1990 (WA) ss 3, 110B 110F and 110G(1); Powers of Attorney Act 1998 (Qld) ss 32 and 33(4); Guardianship and Administration Act 1995 (Tas) ss 25(2)(e) and 32; Guardianship Act 1987 (NSW) ss 3, 6 and 6A.

[34] Advance Care Directives Act 2013 (SA) s 35; Advance Personal Planning Act 2013 (NT) ss 18 and 21; Medical Treatment (Health Directions) Act 2006 (ACT) ss 44, 46 and sch 1, cl 1.11(2); Guardianship and Administration Act 1990 (WA) ss 110G(1) and 110ZJ(2); Guardianship and Administration Act 1995 (Tas) s 32(6); Guardianship Act 1987 (NSW) s 6E (1)(d), (2) and (3); Powers of Attorney Act 2014 (Vic) ss 21 and 24.

[35] Medical Treatment Act 1988 (Vic) s 5B(2).

[36] Guardianship and Administration Act 2000 (Qld) s 66A and Powers of Attorney Act 1998 (Qld) sch 2 cl 5(2).

[37] Advance Care Directives Act 2013 (SA) s 41; Advance Personal Planning Act 2013 (NT) s 46; Medical Treatment Act 1988 (Vic) s 9 (and see sch 3); Guardianship and Administration Act 1990 (WA) s 110ZK; Guardianship and Administration Act 1995 (Tas) ss 47 and 48; Guardianship Act 1987 (NSW) s 6G.

[38] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 1: Passive Voluntary Euthanasia, Parliamentary Library Research Paper No 3 (1996-7), 1.

[39] Advance Personal Planning Act 2013 (NT) s 55; Medical Treatment Act 1988 (Vic) s 4; Medical Treatment (Health Directions) Act 2006 (ACT) s 6; Guardianship and Administration Act 1990 (WA) s 110ZB; Powers of Attorney Act 1998 (Qld) s 39.

[40] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 1: Passive Voluntary Euthanasia, Parliamentary Library Research Paper No 3 (1996-7), 1.

[41] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 1: Passive Voluntary Euthanasia, Parliamentary Library Research Paper No 3 (1996-7), i-ii.

[42] (2009) 74 NSWLR 88.

[43] Hunter and the New England Area Health Authority v A (2009) 74 NSWLR 88, [40].

[44] (2009) WASC 229.

[45] Brightwater Care Group v Rossiter (2009) WASC 229, [32].

[46] See U.S. Living Will Registry, Frequently Asked Questions (FAQ) About the U.S Living Wills Registry, http://www.uslivingwillregistry.com/faq.shtm (viewed 8 April 2016).

[47] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 1: Passive Voluntary Euthanasia, Parliamentary Library Research Paper No 3 (1996-7), 19.

[48] Applying to England and Wales.

[49] Mental Capacity Act UK (2005) ss 24, 25(5) &(6).

[50] Mental Capacity Act UK (2005) ss 25-6.

[51] Mental Capacity Act UK (2005) s 11.

[52] Mental Capacity Act UK (2005) s 11.

[53] For more information see Canadian Virtual Hospice, Advance Care Planning Across Canada (15 July 2015). At http://www.virtualhospice.ca/en_US/Main+Site+Navigation/Home/Topics/Topics/Decisions/Advance+Care+Planning+Across+Canada.aspx (viewed 8 April 2016).

[54] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 12.

[55] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 6.

[56] Family Council of Victoria, Submission No 85 to Senate Legal and Constitutional Affairs Legislation Committee, Medical Services (Dying with Dignity) Exposure Draft Bill 2014, August 2014, 2-3. At: http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Dying_with_Dignity/Submissions (viewed 8 April 2016).

[57] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 6-7.

[58] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 10.

[59] Quoted in Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 12.

[60] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 11.

[61] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 11.

[62] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 11.

[63] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 7.

[64] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 8.

[65] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 10.

[66] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 10.

[67] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 6.

[68] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 6.

[69] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 38.

[70] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 38.

[71] George Zdenkowski, Human Rights and Euthanasia, Occasional Paper of the Human Rights and Equal Opportunity Commission (1996), 4. At https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/human-rights-and-euthanasia (viewed 8 April 2016).

[72] George Williams, ‘Changing minds on the right to die’, The Drum (online), 25 February 2015. At http://www.abc.net.au/news/2015-02-25/williams-euthanasia/6261884 (viewed 8 April 2016).

[73] George Williams, ‘Changing minds on the right to die’, The Drum (online), 25 February 2015. At http://www.abc.net.au/news/2015-02-25/williams-euthanasia/6261884 (viewed 8 April 2016).

[74] George Williams, ‘Changing minds on the right to die’, The Drum (online), 25 February 2015. At http://www.abc.net.au/news/2015-02-25/williams-euthanasia/6261884 (viewed 8 April 2016).

[75] George Zdenkowski, Human Rights and Euthanasia, Occasional Paper of the Human Rights and Equal Opportunity Commission (1996), 4. At https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/human-rights-and-euthanasia (viewed 8 April 2016).

[76] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 1-2.

[77] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 28.

[78] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 5.

[79] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 2.

[80] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 5.

[81] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 5.

[82] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 5.

[83] Consent to Medical Treatment and Palliative Care Act 1995 (SA) s 17(1).

[84] Consent to Medical Treatment and Palliative Care Act 1995 (SA) s 17(1) and (3)(a).

[85] Guardianship and Administration Act 1990 (WA) s 110ZL.

[86] Criminal Code Act Compilation Act 1913 (WA) s 259(1).

[87] Criminal Code Act 1899 (Qld) s 282A(1).

[88] Criminal Code Act 1899 (Qld) s 282A(2).

[89] Criminal Code Act 1899 (Qld) s 282A(4).

[90] Criminal Code Act 1899 (Qld) s 282A(5).

[91] Criminal Code Act 1899 (Qld) s 282A(3).

[92] Medical Treatment Act 1988 (Vic) s 4(2).

[93] Medical Treatment Act 1988 (Vic) s 3.

[94] See Medical Treatment Act 1988 (Vic) s 4(3) and Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 6.

[95] Medical Treatment (Health Directions) Act 2006 (ACT) s 6(1).

[96] Medical Treatment (Health Directions) Act 2006 (ACT) Dictionary.

[97] Medical Treatment (Health Directions) Act 2006 (ACT) s 17(1) and (2).

[98] Medical Treatment (Health Directions) Act 2006 (ACT) s 17(3).

[99] Advance Personal Planning Act 2013 (NT) s 51(3).

[100] Crimes Act 1900 (ACT) s 17; Crimes Act 1900 (NSW) s 31C; Crimes Act 1958 (Vic) s 6B(2).

[101] Criminal Code Act 1899 (Qld), s 311; Criminal Code Act Compilation Act 1913 (WA) s 288.

[102] Criminal Law Consolidation Act 1935 (SA), s 13A(5).

[103] Criminal Code Act 1924 (Tas) s 163.

[104] Criminal Code Act (NT) s 162.

[105] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 9.

[106] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 9.

[107] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 9.

[108] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 9.

[109] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 9.

[110] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 10.

[111] Crimes Act 1900 (ACT) s 12; Crimes Act 1900 (NSW) s 18; Criminal Code Act (NT) s 156; Criminal Code 1899 (Qld) s 302; Criminal Law Consolidation Act 1935 (SA) s 11 and Legal Services Commission of South Australia, Murder, at http://www.lawhandbook.sa.gov.au/ch12s05s01s07.php (viewed 11 April 2016); Criminal Code Act 1924 (Tas) s 157; Crimes Act 1958 (Vic) s 3 and Judicial College of Victoria, 7.2.1.1 Bench notes: Intentional or Reckless Murder (1 November 2014) Criminal Charge Book, at http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#4478.htm (viewed 4 April 2016); Criminal Code Act Compilation Act 1913 (WA) s 279.

[112] Criminal Code Act (NT) s 157; Criminal Code 1899 (Qld) s 305; Criminal Law Consolidation Act 1935 (SA) s 11.

[113] Criminal Code Act Compilation Act 1913 (WA) s 279(4).

[114] Crimes Act 1900 (ACT) s 19A; Crimes Act 1900 (NSW) s 19A; Criminal Code Act 1924 (Tas) s 158, Crimes Act 1958 (Vic) s 3.

[115] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 10.

[116] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 10.

[117] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 11.

[118] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 11.

[119] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 11.

[120] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 11.

[121] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 11.

[122] Rights of the Terminally Ill Act 1995 (NT) ss 7 and 8.

[123]Rights of the Terminally Ill Act 1995 (NT) s 7(e) and (f).

[124] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 12.

[125]Rights of the Terminally Ill Act 1995 (NT) s 7(i)-(m).

[126] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 13.

[127] Rights of the Terminally Ill Act 1995 (NT) s 10(1).

[128] Rights of the Terminally Ill Act 1995 (NT) s 5. See also s 20(4).

[129] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 14.

[130] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 14.

[131] Rights of the Terminally Ill Act 1995 (NT) s 20(1).

[132] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 14.

[133] Rights of the Terminally Ill Act 1995 (NT) ss 6(1), 11 and 12.

[134] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 18.

[135] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 18.

[136] Natasha Cica, Euthanasia – the Australian Law in an International Context Part 2: Active Voluntary Euthanasia, Parliamentary Library Research Paper No 4 (1996-7) 18.

[137] Castan Centre for Human Rights Law, Euthanasia Laws (10 March 2015) Have you got that right? At http://www.haveyougotthatright.com/s-ep3-laws (viewed 8 April 2016).

[138] Explanatory Memorandum, Restoring Territory Rights (Dying with Dignity) Bill 2016 (Cth).

[139] Medical Services (Dying with Dignity) Bill 2014 (Cth) Exposure Draft. Available at http://www.aph.gov.au/~/media/Committees/Senate/committee/legcon_ctte/dying_with_dignity/Exposure%20draft%20dying%20with%20dignity.pdf (viewed 8 April 2016).

[140] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 1.

[141] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 1.

[142] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 1.

[143] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 1.

[144] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 2.

[145] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 1.

[146] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 39.

[147] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 40.

[148] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 15.

[149] Subsection 51 (xxiiiA) of the Australian Constitution states ‘the Parliament shall subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to…the provision of maternity allowances, widows’ pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances’.

[150] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 17.

[151] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 18.

[152] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 18.

[153] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 18-19.

[154] Subsection 51(xx) of the Australian Constitution states ‘The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to (xx) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth’.

[155] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 22.

[156] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 22.

[157] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 22-23.

[158] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 23.

[159] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 23.

[160] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 23-24.

[161] Section 122 of the Australian Constitution (Government of territories) states ‘The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority if and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either the House of Parliament to the extent and on the terms which it thinks fit’.

[162]Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 24-25.

[163] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 25.

[164] Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Medical Services (Dying with Dignity) Exposure Draft Bill 2014 (2014) 25.

[165] Castan Centre for Human Rights Law, Euthanasia Laws (10 March 2015) Have you got that right? At http://www.haveyougotthatright.com/s-ep3-laws (viewed 8 April 2016).

[166] Castan Centre for Human Rights Law, Euthanasia Laws (10 March 2015) Have you got that right? At http://www.haveyougotthatright.com/s-ep3-laws (viewed 8 April 2016).

[167] CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016).

[168] CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016).

[169] Lara Giddings MP and Nick McKim MP, Voluntary Assisted Dying – A Proposal for Tasmania, Consultation Paper (2013) 46. See also CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016).

[170] Lara Giddings MP and Nick McKim MP, Voluntary Assisted Dying – A Proposal for Tasmania, Consultation Paper (2013) 45.

[171] Castan Centre for Human Rights Law, Euthanasia Laws (10 March 2015) Have you got that right? At http://www.haveyougotthatright.com/s-ep3-laws (viewed 8 April 2016).

[172] CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016).

[173] CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016).

[174] CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016). See also Lara Giddings MP and Nick McKim MP, Voluntary Assisted Dying – A Proposal for Tasmania, Consultation Paper (2013) 45.

[175] Lara Giddings MP and Nick McKim MP, Voluntary Assisted Dying – A Proposal for Tasmania, Consultation Paper (2013) 45.

[176] Lara Giddings MP and Nick McKim MP, Voluntary Assisted Dying – A Proposal for Tasmania, Consultation Paper (2013) 45.

[177] Castan Centre for Human Rights Law, Euthanasia Laws (10 March 2015) Have you got that right? At http://www.haveyougotthatright.com/s-ep3-laws (viewed 8 April 2016).

[178] CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016). See also Castan Centre for Human Rights Law, Euthanasia Laws (10 March 2015) Have you got that right? At http://www.haveyougotthatright.com/s-ep3-laws (viewed 8 April 2016).

[179] Ministere de la Sante & Ministere de la Sociale Securite, Euthanasia and assisted suicide – Law of 16 March 2009.

[180] CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016).

[181] CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016).

[182] Castan Centre for Human Rights Law, Euthanasia Laws (10 March 2015) Have you got that right? At http://www.haveyougotthatright.com/s-ep3-laws (viewed 8 April 2016). CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016).

[183] Castan Centre for Human Rights Law, Euthanasia Laws (10 March 2015) Have you got that right? At http://www.haveyougotthatright.com/s-ep3-laws (viewed 8 April 2016).

[184] Lara Giddings MP and Nick McKim MP, Voluntary Assisted Dying – A Proposal for Tasmania, Consultation Paper (2013) 45.

[185] CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016).

[186] Lara Giddings MP and Nick McKim MP, Voluntary Assisted Dying – A Proposal for Tasmania, Consultation Paper (2013) 45.

[187] Lara Giddings MP and Nick McKim MP, Voluntary Assisted Dying – A Proposal for Tasmania, Consultation Paper (2013) 45. See also CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016).

[188] Castan Centre for Human Rights Law, Euthanasia Laws (10 March 2015) Have you got that right? At http://www.haveyougotthatright.com/s-ep3-laws (viewed 8 April 2016).

[189] CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016).

[190] Castan Centre for Human Rights Law, Euthanasia Laws (10 March 2015) Have you got that right? At http://www.haveyougotthatright.com/s-ep3-laws (viewed 8 April 2016).

[191] CARE, Country Comparison. At http://www.care.org.uk/our-causes/sanctity-life/assisted-suicide-euthanasia/country-comparison (viewed 8 April 2016). See also Lara Giddings MP and Nick McKim MP, Voluntary Assisted Dying – A Proposal for Tasmania, Consultation Paper (2013) 45.

[192] Lara Giddings MP and Nick McKim MP, Voluntary Assisted Dying – A Proposal for Tasmania, Consultation Paper (2013) 45.

[193] Lara Giddings MP and Nick McKim MP, Voluntary Assisted Dying – A Proposal for Tasmania, Consultation Paper (2013) 45.

[194] Carter v Canada (Attorney General), 2015 SCC 5.

[195] Carter v Canada (Attorney General), 2015 SCC 5, [127].

[196] Carter v Canada (Attorney General), 2016 SCC 4.

[197] Carter v Canada (Attorney General), 2015 SCC 5, [132].

[198] Special Joint Committee on Physician-Assisted Dying, Parliament of Canada, Medical assistance in Dying: A patient-centred approach (2016) 2.

[199] Special Joint Committee on Physician-Assisted Dying, Parliament of Canada, Medical assistance in Dying: A patient-centred approach (2016) 3-4.

[200] An Act respecting end-of-life care, RSQ, c S-32.0001, s 3(6).

[201] An Act respecting end-of-life care, RSQ, c S-32.0001, s 26.

[202] An Act respecting end-of-life care, RSQ, c S-32.0001, s 29.

[203] An Act respecting end-of-life care, RSQ, c S-32.0001, ss 38-42.

[204] Opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976).

[205] Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008).

[206] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 121.

[207] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 122.

[208] George Zdenkowski, Human Rights and Euthanasia, Occasional Paper of the Human Rights and Equal Opportunity Commission (1996), 11. At https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/human-rights-and-euthanasia (viewed 8 April 2016).

[209] See UN Human Rights Committee, Consideration of Reports Submitted by States Parties under Article 40 of the Covenant: Concluding Observations Of The Human Rights Committee – Netherlands, Human Rights Committee, 72 sess, UN Doc CCPR/CO/72/NET (27 August 2001).

[210] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 155.

[211] UN Human Rights Committee, Consideration of Reports Submitted by States Parties under Article 40 of the Covenant: Concluding Observations Of The Human Rights Committee – Netherlands, Human Rights Committee, 72nd sess, UN Doc CCPR/CO/72/NET (27 August 2001) para 5(a).

[212] UN Human Rights Committee, Consideration of Reports Submitted by States Parties under Article 40 of the Covenant: Concluding Observations Of The Human Rights Committee – Netherlands, Human Rights Committee, 72nd sess, UN Doc CCPR/CO/72/NET (27 August 2001) para 5(b).

[213] UN Human Rights Committee, Consideration of Reports Submitted by States Parties under Article 40 of the Covenant: Concluding Observations Of The Human Rights Committee – Netherlands, Human Rights Committee, 72nd sess, UN Doc CCPR/CO/72/NET (27 August 2001) para 5(b).

[214] UN Human Rights Committee, Consideration of Reports Submitted by States Parties under Article 40 of the Covenant: Concluding Observations Of The Human Rights Committee – Netherlands, Human Rights Committee, 72nd sess, UN Doc CCPR/CO/72/NET (27 August 2001) para 5(d).

[215] UN Human Rights Committee, Consideration of Reports Submitted by States Parties under Article 40 of the Covenant: Concluding Observations Of The Human Rights Committee – Netherlands, Human Rights Committee, 96th sess, UN Doc CCPR/C/NLD/CO/4 (22 August 2009) para 7.

[216] UN Human Rights Committee, Consideration of Reports Submitted by States Parties under Article 40 of the Covenant: Concluding Observations Of The Human Rights Committee – Netherlands, Human Rights Committee, 96th sess, UN Doc CCPR/C/NLD/CO/4 (22 August 2009) para 7.

[217] Opened for signature 4 November 1950, ETS 5 (entered into force 3 September 1953).

[218] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [39].

[219] Haas v Switzerland (European Court of Human Rights, Chamber, Application No 31322/07, 20 January 2011) [54] (emphasis added).

[220] Haas v Switzerland (European Court of Human Rights, Chamber, Application No 31322/07, 20 January 2011) [58].

[221] Lambert and Others v France (European Court of Human Rights, Grand Chamber, Application no 46043/14, 5 June 2015).

[222] Lambert and Others v France (European Court of Human Rights, Grand Chamber, Application no 46043/14, 5 June 2015) [117].

[223] Lambert and Others v France (European Court of Human Rights, Grand Chamber, Application no 46043/14, 5 June 2015) [121] and [124] (emphasis added).

[224] Lambert and Others v France (European Court of Human Rights, Grand Chamber, Application no 46043/14, 5 June 2015) [142].

[225] Lambert and Others v France (European Court of Human Rights, Grand Chamber, Application no 46043/14, 5 June 2015) [147].

[226] Lambert and Others v France (European Court of Human Rights, Grand Chamber, Application no 46043/14, 5 June 2015) [147].

[227] UN Human Rights Committee, General Comment No 20: Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment), UN Doc HRI/GEN/1/Rev.1 at 30 (10 March 1992) [2].

[228]UN Human Rights Committee, General Comment No 20: Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment), UN Doc HRI/GEN/1/Rev.1 at 30 (10 March 1992) [2].

[229] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [8].

[230] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [51].

[231] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [55].

[232] Sarah Joseph and Melissa Castan, The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (Oxford University Press, 3rd ed, 2013) 285.

[233] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 386.

[234] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 385.

[235] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 385, 386.

[236] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 387.

[237] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 387.

[238] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 388.

[239] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 389.

[240] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 389.

[241] UN Human Rights Committee, General Comment No 16: Article 17 (Right to privacy), UN Doc HRI/GEN/1/Rev.1 at 21 (8 April 1988) [4].

[242] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 385.

[243] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [65].

[244] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [65].

[245] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [61].

[246] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [61].

[247] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [62].

[248] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [63].

[249] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [67].

[250] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [78].

[251] Haas v Switzerland (European Court of Human Rights, Chamber, Application No 31322/07, 20 January 2011) [51]. Confirmed in Lambert and Others v France (European Court of Human Rights, Grand Chamber, Application no 46043/14, 5 June 2015), at [142].

[252] Lambert and Others v France (European Court of Human Rights, Grand Chamber, Application no 46043/14, 5 June 2015) [180].

[253] Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008), arts 4(1) and 5(1) and (2).

[254] Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008), art 1.

[255] Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008), art 3.

[256] Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008), art 10.

[257] Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008), art 5.

[258] Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008), art 25(f).

[259] Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008), arts 17 and 22.

[260] Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008), art 12(2) and (3).

[261] Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008), art 12(4). See also UN Committee on the Rights of Persons with Disabilities, General Comment No. 1 (2014): Article 12: Equal recognition before the law, UN Doc CRPD/C/GC/1 (19 May 2014) [22].

[262] Convention on the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008), art 25(d).

[263] UN Committee on the Rights of Persons with Disabilities, General Comment No. 1 (2014): Article 12: Equal recognition before the law, UN Doc CRPD/C/GC/1 (19 May 2014) [41].

[264] UN Committee on the Rights of Persons with Disabilities, General Comment No. 1 (2014): Article 12: Equal recognition before the law, UN Doc CRPD/C/GC/1 (19 May 2014) [42].

[265] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (NP Engel, 2nd rev. ed, 2005) 412.

[266] Pichon and Sajous v France (European Court of Human Rights, Chamber, Application No 49853/99, 2 October 2001) p 5. See also Skugar and Others v Russia, (European Court of Human Rights, Chamber, Application No 40010/04, 3 December 2009).

[267] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [82].

[268] Pretty v United Kingdom (European Court of Human Rights, Chamber, Application No 2346/02, 29 April 2002) [83].

[269] Australian Human Rights Commission Act 1986 (Cth) s 11(e).

[270] Australian Human Rights Commission Act 1986 (Cth) s 11(g).

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