Edinburgh, Scotland — A new legal interpretation suggests that Scotland’s proposed assisted suicide legislation might be discriminatory towards individuals with specific disabilities. This warning comes from Tom Cross KC, who analyzed the proposed law associated with MSP Liam McArthur for The Christian Institute.
Cross argues the bill could conflict with the European Convention on Human Rights, particularly regarding the right to life for people whose disabilities may lead them to express suicidal thoughts. He points out that the legislation, as it stands, would unjustly discriminate against individuals whose disabilities manifest in these ideations.
Advocates of assisted suicide frequently cite certain safeguards intended to protect vulnerable individuals. However, Cross has labeled these measures “inadequate,” particularly for those facing heightened vulnerabilities. If passed in its current form, the proposed legislation may face legal scrutiny.
“The time to ensure that the bill adequately protects the most vulnerable is now, during its review in Parliament,” Cross stated. He emphasized the importance of preemptive measures over a reactive “wait and see” approach, highlighting the potential consequences of permitting the bill to become law without proper safeguards.
The legislation under consideration by the Westminster Parliament has also received a critical assessment from Cross. Earlier this year, it passed the House of Commons and is expected to reach the House of Lords this month. In the meantime, discussions surrounding the Scottish bill have entered an amendment phase, with a vote anticipated sometime in early to mid-2026.
Simon Calvert, Deputy Director of The Christian Institute, expressed that this alert regarding potential discrimination against individuals with disabilities should prompt Scottish lawmakers to re-evaluate their stance, particularly those who supported the bill in its initial stages. He underscored that the legal opinion underscores significant deficiencies in the proposed law, especially in failing to account for the complexities when determining whether a desire to die relates to a person’s condition.
Concerns regarding the implications of the bill on disabled people’s rights have also been echoed in the Scottish Parliament by MSP Pam Duncan-Glancy. She has characterized the legislation as posing an “insurmountable risk” to the equality and rights of disabled individuals.
During a recent parliamentary debate, First Minister John Swinney, speaking in a personal capacity given the SNP’s official neutrality, expressed agreement with the concerns raised by Duncan-Glancy. “I do not support the Assisted Dying Bill for several of the reasons she has articulated,” he remarked, emphasizing the complexities Parliament faces as it examines the proposed changes.
The legal discourse surrounding this legislation highlights ongoing divisions over the ethical implications of assisted suicide in Scotland, particularly concerning the protection of vulnerable populations.
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