Lings v. Denmark: Assisted Suicide Conviction Did Not Violate Freedom of Expression

Lings v. Denmark: Assisted Suicide Conviction Did Not Violate Freedom of Expression
photo: Towfiqu barbhuiya via Unsplash, 15-07-2021

13-04-2022

Myrthe Niemeijer

International Justice and Human Rights Researcher

Global Human Rights Defence 

On 12 April, the European Court of Human Rights (‘ECtHR’ or ‘the Court’) delivered its Chamber judgement in the case of Lings v. Denmark. The Court found that Denmark’s conviction of Svend Lings for his assistance in suicide was not in violation of freedom of expression under Article 10 of the European Convention on Human Rights (‘ECHR’). 

The Applicant, Svend Lings, is the founder of ‘Physicians in Favour of Euthanasia’, campaigning for legalising assisted suicide. He not only published a detailed guide on medicines suited to suicide but also directly procured medication for two individuals with the knowledge that they intended to commit suicide. The High Court of Eastern Denmark has convicted him on three counts; two counts of assisted suicide and one count of attempted assisted suicide. The Supreme Court upheld this decision in 2019.  

Although it is illegal in Denmark to commit euthanasia or assisted suicide, merely providing information about suicide methods is legal. Hence, Mr Lings brought a claim under Article 10 ECHR that his conviction had violated his right to free expression. The Court, however, stated that Mr Lings had gone beyond mere dissemination of information since he had directly aided individuals in committing suicide. It found that Denmark’s conviction and sentence of Mr Lings were not excessive and in pursuit of the legitimate aims of the protection of health and morals and the rights of others. Further, the measures had been legitimate and had been within the State’s margin of appreciation. Therefore, no violation of Article 10 ECHR was found. 

Sources and further reading:

European Court of Human Rights. (April 12, 2022). Case of Lings v. Denmark, (App no. 15136/20). https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-7308614-9967724%22]} 

Quell, M. (April 12, 2022). Physician convicted of assisted suicide loses rights appeal. Courthouse News Service. https://www.courthousenews.com/physician-convicted-of-assisted-suicide-loses-rights-appeal/