Re: Dea Birkett's article today - 'Fight for the right to live, not to die' (Guardian 14.5.02 p18)
14 May 2002
Mona Arshi, Liberty solicitor for Diane Pretty
Sir
Diane Pretty knew her death was imminent and its form potentially unpleasant in the extreme; she sought a less traumatic end at the time of her choosing. She made her own clear, unequivocal and unchanging decision, that she wanted to commit suicide.
The law denied her that choice because she was physically unable to fulfil that decision. The implication appears to be that there are no circumstances in which a person who has lost that physical ability can be trusted to make a life-and-death decision that the rest of are legally free to make at any time.
Dea Birkett's argument (Guardian 14th May 2002, p18) about people's negative perceptions of disability is an important one; it may even be relevant to media coverage of Diane's fight. But it simply wasn't the issue in her legal battle, nor in the campaign she launched shortly before her death.
We must have legal protections to prevent discrimination against disabled people; we must, too, protect the vulnerable in society. Diane's case did not put these principles at risk in court - they were an issue only in the commentary and debate that surrounded it.
It can be easy for us to see, and to say, that Diane retained astonishing dignity. But that's not how she felt about the suffering and daily indignities that her condition imposed on her. And despite her courage and the best efforts of her doctors, her last days were too much as she had feared, too little as she had hoped they would be. That remains a source of sadness to everyone who knew Diane and tried to help her avoid this end.
yours
Mona Arshi Diane Pretty's solicitor Liberty 21 Tabard Street London SE1 4LA www.liberty-human-rights.org.uk