Assisted dying bill raises coercion concerns

4PB barrister Charlotte Baker has raised significant concerns about the adequacy of protections in the Assisted Dying Bill to guard against coercive control. Speaking on the risks of abuse, Baker highlighted the potential for victims of coercive relationships to be pressured into decisions about ending their lives, without effective safeguards in place to protect them.

Coercive control, a form of abuse that erodes a victim’s independence and judgment, is often difficult to detect even by professionals with extensive experience. According to Baker, the Bill’s current provisions—requiring doctors and High Court judges to confirm declarations are made voluntarily and without coercion—fail to account for the complexities of such abuse.

While doctors are tasked with assessing whether a declaration is free from pressure, most lack the specialised training necessary to identify coercive relationships. Judges, while more experienced in matters of abuse, would face similar challenges given the non-adversarial process outlined in the Bill and limited resources to investigate coercion in depth.

Baker also pointed out a critical flaw: the inability to appeal a granted declaration. If evidence of abuse emerges after a declaration is made, there is no mechanism for review or reversal, leaving victims of coercive control without recourse.

“These safeguards do not reflect the reality of coercive control,” Baker stated. “Many victims are unaware until it is too late that their decision-making has been supplanted by their abuser.”

She emphasised the need for robust safeguards and systemic reform to ensure that vulnerable individuals are not placed at risk under the guise of autonomy. “With any measure of this magnitude, the protection of the most vulnerable must remain paramount.”

The debate surrounding the Assisted Dying Bill continues, with calls for amendments to address these and other concerns before the legislation proceeds further.

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