Relational dignity and assisted dying for persons deprived of liberty

• DOI: https://doi.org/10.1108/IJPH-07-2021-0067
• Published date: 21 February 2022
• Date: 21 February 2022
• Pages: 230-240
• Subject Matter: Health & social care,Criminology & forensic psychology,Prisoner health,Sociology,Sociology of crime & law,Public policy & environmental management,Policing,Criminal justice
• Author: Angelika Reichstein

Relational dignity and assisted dying for

persons deprived of liberty

Angelika Reichstein

Abstract

Purpose –The purpose of this paper is to demonstratethat the eventual legalisation of assisted dyingin

Englandand Wales should extend to persons deprivedof liberty, as well.

Design/methodology/approach –Using a relational view of dignity strengthens the argumentthat the

need to protect the dignity of persons deprived of liberty requires the extension of the legalisation of

assisteddying to persons deprived of libertyonce generally achieved in Englandand Wales.

Findings –Three aspectsmake dignity a relational concept –dignity being attributedby society, dignity

working as a restrainton others and dignity requiring specificbehaviours. All these elements support the

claim that assisted dying shouldbe available to persons deprived of liberty, once legalised in England

and Wales.

Originality/value –Both the legalisation of assisted dying for persons deprived of liberty and the

concept of relationaldignity have to date found little attention.With a legalisation of assisted dying being

debatedin England and Wales, it is pertinent to discuss itsapplication to persons deprived of liberty,who

would undoubtedlynot automatically benefitfrom a future Assisted Dying Act.

Keywords Persons deprived of liberty, Prisoners’ rights, Assisted dying, Dignity, Relational dignity,

Human rights

Paper type Research paper

Introduction

Death in prison tends to be treated as a problem that should be avoided at all costs.

However, this is easier said than done. In addition to deadly altercations and drug related

deaths, prisons amplify the risk of suicides, due to, for example, the isolation of the persons

deprived of liberty (PDL) [1] (Rickford and Kimmett, 2003). To provide some context: in

2021, 350 PDL died in England and Wales, of which 75 were self-inflicted deaths; 47 are

currently awaiting classification. In 2020, 319 PDL died, of which 67 were self-inflicted

deaths (30 are still awaiting classification) and in 2019, 301 PDL died, of which84 were self-

inflicted deaths; 41 are still awaitingclassification[2]. Though many of these deaths resulted

from mental health problems (Inquest, 2020), the numbers do highlight the pressing need

for policy makers to address the complexities around deaths in prison.

While accessing a dignified autonomous death can be problematic (even in the countries

where assisted dying has been legalised, there are strict provisions that have to be fulfilled

before a request to die will be granted, for example, the individual has to be suffering

unbearably, see below), it is even more complicated for PDL. The State is under a duty to

protect PDL, which includespreventing PDL from ending their own lives (among others, this

duty arises under Article 2 of the European Convention on Human Rights (ECHR), the right

to life, which imposes an obligation on the State to protect individuals whose life is at risk.

See, for example, Osman vUK, application no. 87/1997/871/1083). Additionally, allowing

PDL to choose when and how they die seems to undermine the aims of retributive

punishment (Reichstein, 2020). While many instances of (attempted) suicides in prison

Angelika Reichstein is

based at the School of Law,

University of East Anglia,

Norwich, UK.

Received 30 July 2021

Revised 6 January 2022

17 January 2022

Accepted 17 January 2022

PAGE 230 jINTERNATIONAL JOURNAL OF PRISONER HEALTH jVOL. 19 NO. 2 2023, pp. 230-240, ©EmeraldPublishing Limited, ISSN 1744-9200 DOI 10.1108/IJPH-07-2021-0067