Right to life case
goes to Europe -
Leslie Burke lodges appeal at ECtHR
Right to receive artificial nutrition
Leslie Burke, 46, who suffers
from a rare and progressive neurological condition will today
take his case to the European Court of Human Rights (ECtHR).
Leslie is fighting for the right
to receive artificial nutrition and hydration once he is unable
to voice his wishes.
"I am doing this because
I feel that I have been left with no alternative. I am not seeking
to have my life prolonged unnecessarily by invasive medical procedures
- I would just like to have the opportunity to receive artificial
nutrition and hydration (ANH) up until the very end," said
Leslie.
Leslie has previously challenged
the General Medical Council's (GMC) guidelines on when life sustaining
treatment should be withdrawn in the High Court and in the Court
of Appeal.
Healthcare law expert
His solicitor, Muiris Lyons,
partner and healthcare law expert at Irwin Mitchell incorporating
Alexander Harris will today lodge an application on Leslie's
behalf with the Court in Strasbourg.
"Leslie is determined to
take his case to Strasbourg to ask the European Court of Human
Rights to rule that his human rights are breached by the current
GMC guidance," said Muiris.
"Leslie is concerned that
after assessing his condition following a significant deterioration,
doctors may decide that his condition is so severe and the prognosis
so poor that even though death is not imminent, providing artificial
nutrition or hydration may cause suffering, or be too burdensome
in relation to the possible benefits. They may then decide to
discontinue this life-sustaining treatment.
"This would be contrary
to his wishes - which he fears may be ignored or overruled because
he is considered to lack the capacity to decide for himself."
"This is his ultimate nightmare
scenario - to have the decision as to when such treatment is
withdrawn taken out of his hands and to potentially suffer a
long, slow and painful death while fully or at least partially
conscious of what is happening to him."
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