9 votes

This man is allowed to starve himself to death, but not to eat some biscuits

4 comments

  1. [4]
    DanBC
    Link
    I'm submitting this because edge-cases make bad law, and this man has been, IMO, done an injustice. The man in this case is profoundly disabled and he relies upon other people for all aspects of...

    I'm submitting this because edge-cases make bad law, and this man has been, IMO, done an injustice.

    The man in this case is profoundly disabled and he relies upon other people for all aspects of his life. He is, however, fully capacitous - he is competent to make his own medical decisions. He is currently a prisoner.

    He says that the only aspect of his life that's capable of giving him any joy is the food that he eats. He was allowed to have some hard-boiled sweets, and biscuits. He really wants to eat crisps.

    He was often given food that he could not eat. Then he spent time in hospital and they gave him a soft diet. On return to prison he asked for a soft diet, so staff got a speech and language therapist to assess his ability to eat food, and she recommended a special diet, but also said he should not have boiled sweets or biscuits. This would have been texturally very limited. His care givers moved him over to this new diet.

    He then went on hunger strike.

    He said that he was fully aware of the risks, and that he wanted to have his right to eat what he choses.

    The care givers said that he could not consent to the harm that would result in him eating the food of his choice, and that if a member of staff gave him the food he wanted it would be against medical advice, and thus leave them open to criminal prosecution.

    The judge says a few things.

    1. Relying on the advice of trained, qualified, registered, healthcare professionals is fine, and so denying him the food of his choice was probably lawful.

    2. The risk of criminal prosecution for ignoring the medical advice about food is real, and if the man dies it doesn't make much difference if he was aware of the risk.

    3. He is unable to take the food himself, someone would have to give him the food, and if he choked in front of that person they would find it very distressing to potentially watch him die.

    So, he's allowed to starve himself to death; if he could get the food he could eat it himself, but he can't force his care givers to give him the food.

    I'm curious about what people think - is this the right decision?

    6 votes
    1. [2]
      teaearlgraycold
      Link Parent
      If there's a debate here it would be about the very nature of imprisonment. The punishment of imprisonment is one of a loss of free will - if only partially. Prisoners are not generally given...

      If there's a debate here it would be about the very nature of imprisonment. The punishment of imprisonment is one of a loss of free will - if only partially. Prisoners are not generally given complete control over their diets, or most aspects of their lives. Maybe we could discuss if that is wrong. But if it is not wrong - and at the very least it's precedent - then this sounds like someone choosing death over imprisonment.

      4 votes
      1. vord
        Link Parent
        When it comes to diet at least, I feel so long as its what other prisoners have access to, it is morally objectionable to deny him that food if he requests it (provided mentally sound and such). I...

        When it comes to diet at least, I feel so long as its what other prisoners have access to, it is morally objectionable to deny him that food if he requests it (provided mentally sound and such).

        I would say lawfully though, nobody should feel compelled to feed him what he requests, especially since the caregiver could be liable for accidental death.

        A reasonable middle ground to me is the prisoner should be given the opportunity to choose an alternative caregiver for feeding with appropriate liability waivers.

        5 votes
    2. vord
      Link Parent
      For the Americans: Crisps == Potato Chips Biscuits ~= Cookies Took me a minute for me to make connection myself

      For the Americans:

      Crisps == Potato Chips
      Biscuits ~= Cookies

      Took me a minute for me to make connection myself

      3 votes