Discussion Found a Reddit thread regarding legality of traveling to Switzerland for Dignitas (UK based)

[TAW122]

Disclaimer: Before I begin this thread, I want to say that IANAL (I am not a lawyer) and this is just a thread I found on Reddit fairly recently that discusses about whether one can travel to Dignitas from the UK without interference, obstruction, or impingement on one's freedom of movement. I am also based in the US, so that thread may not necessarily be applicable to me.

Recently, I just came across a Reddit thread that is about a user who has a degenerative disease (MND – Motor Neuron Disease) that would eventually erode said individual's physical capacity to do anything and there are a few users in that thread (they may/not be lawyers or barristers, but common everyday layperson) that have responded and here are a few examples in the quotes below:

A post by u/NortonCommando850 says:

It's against the law in Britain to assist someone to die, but no-one would have the right to prevent you from going to another country to do this, even if they knew that was your intention.

Another quote by u/DinosaurInAPartyHat says:

Nobody can stop you in or from the UK. There have been high profile cases of people leaving the UK to do this. If you're concerned about them taking your passport, hide it. Don't tell them exactly when you're going etc. The police only interfere in suicide for immediate attempts...as in you're on the bridge, looking over the edge - and you're in the UK. Your bridge will be a legal one in Switzerland and I hope gives you the resolution you need.

Also, another reply in quote by u/tardbanana says:

Nobody has a general right to prevent you going to Switzerland for *whatever reason* you want. They have no legal right to retain your passport, and you can't be detained (that would be false imprisonment). The only route here is via the Mental Health Act, but you'd need to be suffering from a mental disorder and it can only be instigated by a medical professional or the police; neither are going to get involved in this. This is not advice in any way shape or form as to what you do, but is what i believe the current legal position to be.

While these users answered the OP's question and thread, it does bring some assurance for UK citizens whom are looking towards going to Switzerland for assisted death, medical aid in dying, to die peacefully some assurance, I'd like to hear what others on SaSu think. What are your thoughts on this? I personally don't know about any US law that will forbid another citizen or any authority/third party/entity in the US to prevent an individual from freedom of travel, especially if it is related to medical assistance in dying or assisted death. Maybe someone might know? @locked*n*loaded

Also, I'm going to tag @Forever Sleep as I believe she is an UK citizen so she may know more specifically about these things.

 

[Forever Sleep]

I don't know specifics. Not being eligible for assisted dying myself, it's not something I've looked in to fully.

UK citizens have used assisted dying clinics though- certainly. Suicide itself has been legal here since the 60's. Prohibition of assisting suicide though is the issue. So- that does presumably put a person who accompanies the person dying at risk. Cruel really, seeing as I think some clinics insist that someone is present with the person- to identify them before and after- as it were.

I think the press have drummed up fears of the relatives/ loved ones that accompanied them being at risk of prosecution- for assisting a suicide- as you mentioned. But, I don't know of any cases actually going to court. I don't keep up with the news though so, there are likely to be more knowledgeable UK people here than me.

I think there would also be an outcry if police went after grieving relatives. To even be eligible for VAD, I imagine the person would have been suffering massively. To then persecute their loved ones I don't imagine would go down well at all.

There have been recent cases where two UK adults in their 40's and 50's went to Pegasos, without their families knowledge and those families are kicking up a hell of a stink. So, that's another issue. Families insisting they be notified.

 

[locked*n*loaded]

I'll, also, preface this posting with IANALE (I Am Not A Lawyer Either. I know of no US law that prevents a person's freedom of travel. That being said, if someone is on parole, or probation, for certain violations, or even awaiting trial, there are provisions in the law that bar people from leaving a state, or even a jurisdiction in some cases, until probation, parole, or trial has ended. I would *suppose* that if someone were the legal ward of someone else, there may, also, be provisions in law that control a person's movement to some extent. And, kind of, as an aside, if you're on that dreaded Terrorist Watchlist, you may have trouble getting a flight to Switzerland to begin with (damn that Patriot Act).

You know, the way the law works here in the US is that laws are interpretive, always being challenged as to what was "really" meant by the lawmakers who wrote them. It just takes one prosecutor with an idea, perhaps an agenda, to challenge a law's original intent and "reimagine" what a law really means. I can see one of these overzealous prosecutors one day taking assisted suicide laws, as they are crafted now, and trying to apply them to someone who merely accompanies a person to, say, Switzerland, to end their life. Or, maybe, someone who gives someone the money for a plane ticket to get to Switzerland. Maybe a prosecutor will decide to go after a person who pays for another's Dignitas fee. Or, someone who helps fill out the paperwork for another. Who knows? Ofc, there are checks and balances on this kind of thing, but often, by the time it all goes through the system, someone has been ruined financially due to the cost of defending themselves.

 

[TAW122]

Thanks for both of you all's responses @Forever Sleep @locked*n*loaded

As for the UK, I just reference them as an general idea of what to expect since there are similarities between the UK and US in terms of Mental Health laws and such.

As for the US, yes given how we are in a really unprecedented time with various challenges and unpredictability with the current state of affairs (around the nation and in the world), I suppose things can vary wildly. As far as detainment, given the things that are mentioned, I don't think I would personally have issues with freedom of movement as none of the restrictions apply to me and I'm a law abiding citizen who has never gotten in trouble with the law. Also, exploring Dignitas is just another possible option even if it may be far or hypothetical for now. It doesn't hurt to know more now even if I never consider or choose that option, it just adds an extra bit of awareness in the (rare) event that I do. Most likely I'll CTB within the borders (of the US).