Leslie Burke appeal
rejected by European
Court of Human Rights
Leslie Burke, who suffers from
Friedreich's ataxia, a rare and progressive neurological condition,
has failed in his appeal to the European Court of Human Rights
in Strasbourg for the right to receive artificial nutrition and
hydration (“ANH”) once he is unable to voice his wishes.
Mr Burke (46) who is from Lancaster
had previously challenged the General Medical Council's (GMC)
guidelines on when life sustaining treatment should be withdrawn
in both the High Court and in the Court of Appeal. An application
for Permission to Appeal to the House of Lords was refused and
Mr Burke therefore took his case to the European Court of Human
Rights in Strasbourg.
The European Court of Human Rights
(ECtHR) announced, in a written judgment released last week to
Mr Burke and the UK Government, that they have declined his application
to effectively overturn a ruling last year by the Court of Appeal
which said it would be lawful for doctors to refuse him artificial
nutrition and hydration once he loses competence to determine
his own best interests.
His solicitor, healthcare public
law specialist Muiris Lyons of Irwin Mitchell Solicitors said:
"Leslie has been determined to take his case as far as the
law allows and he is deeply disappointed that the European Court
of Human Rights has ruled that there is no breach of his human
rights.”
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appeal
rejected by European