Citation

Allen N. Int. J. Law Psychiatry 2013; 36(5-6): 350-357.

Affiliation

University of Manchester, Manchester, United Kingdom; Thirty Nine Essex Street Chambers, London, United Kingdom. Electronic address: neil.allen@manchester.ac.uk.

Copyright

(Copyright © 2013, Elsevier Publishing)

DOI

10.1016/j.ijlp.2013.09.002

PMID

24120316

Abstract

This paper considers when the State must take positive steps to protect the right to life of a suicidal patient. Using recent developments across the Council of Europe which challenge the traditional 'ugly Samaritan' approach of many common law systems, it contends that whenever and wherever public authorities know or ought to know of a real and immediate risk to the life of an identifiable person, they must take reasonable precautions to minimise it. Even J. S. Mill's approach to liberty, it is suggested, would tolerate this limited degree of State interference. However, notions of autonomy and dignity, the unpredictability of human behaviour, and the need to avoid unduly burdening the State must influence what it means to act reasonably.

Language: en