Scotland’s lawmakers consider whether 16-year-olds should qualify for assisted suicide

As lawmakers in the Scotland consider legislation legalizing assisted suicide, one point of contention is whether or not 16-year-olds should qualify as adults under the law.

In the bill’s current draft, sponsor MSP Liam McArthur placed a qualifying age limit of 16 years, stating his belief that it is ‘logical’ for teens to be able to choose to die.

“The rationale for opting for 16 was because of that being the age of capacity for making medical decisions,” McArthur has said. “Those who are 16 are deemed to have that capacity in terms of decisions around their treatment. So I think there is a logic for 16.”

However, others are speaking out with worry that the young age will allow the law to be abused. Steve Johnson, assistant chief constable of Police Scotland, spoke before lawmakers noting that the United Nations Convention on the Rights of the Child (UNCRC) clearly states that children are minors until age 18. He also pointed out the inconsistency that 16-year-olds are not legally allowed to buy alcohol in the country, yet under this legislation they could choose to die.

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“Clearly, if the person is 17, under one convention they are a child. But, according to the bill, a 16-year-old can determine they want to move forward with a bill that seeks to end their life,” Johnson said. “I would seek that clarity: are they considered by the bill an adult at 16? And, if so, that is not consistent with lots of other pieces of legislation in Scotland and we would need real clear guidance on that, and guidelines on what is the role of parents of children, if it is deemed by parliament you did want it to be available to children, as defined by the UNCRC.”

Johnson also warned that Scotland could become a ‘destination’ for teens seeking a way to legally end their own lives.

“It’s those things that create a disparity between ourselves and other jurisdictions, that might make Scotland an attractive place to come to access the bill,” he said.

First Minister John Swinney also expressed concern, calling the age threshold of 16 “a significant issue.”

Though McArthur has stated that he believes the number of minors accessing assisted suicides would be “around one percent,” assisted suicide does not happen in a vacuum, but instead has widespread societal ramifications. Suicide is already the leading cause of death for children and young adults in Scotland, according to the BBC. And studies have shown that when assisted suicide is legal, the rates of overall (non-assisted) suicides go up, in what has been called “suicide contagion.”

Legalizing assisted suicide for some in society, especially impressionable teens, sends the message that taking one’s own life can be a solution to pain or problems — a message that flies in the face of human dignity.