A TERMINALLY-ill man does not have
the right to stop doctors withdrawing food and water when his illness
reaches its final stages, European human rights judges ruled yesterday.
They rejected a plea by 46year-old Leslie Burke
for the right to receive artificial nourishment and water when he
becomes too ill to speak for himself.
The decision ended Mr Burke’s
hope that the Strasbourg human rights court would overturn the rulings
of English judges.
The Appeal Court in London has said
that doctors have the right to withdraw food and water from an
incapacitated patient if they consider death to be ‘in the
patient’s best interests’.
European human rights rules include
the stipulation that everyone has a right to life that should be
protected by law.
The Strasbourg court said yesterday
that British law remains in favour of prolonging life wherever
possible. But if doctors had to apply to a High Court judge every time
they wished to end a life by withdrawing food and water it would be
‘burdensome’.
The refusal to support Mr Burke
comes from a court that regularly sides with groups such as failed
asylum seekers, criminals, and murderers.
Its decisions in recent years have
barred the Government from deporting failed asylum seekers or others to
countries where they might be tortured, and have removed the right of
the Home Secretary to order that murderers should spend their lives in
jail. Mr Burke,
who suffers from Friedreich’s ataxia, a rare and progressive
neurological condition, said: ‘I am, to say the least,
extremely disappointed with the ruling from the European Court. I only
hope that, if I am lucky enough to be in hospital, the doctors treating
me will not believe at some stage that it will be in my interests for
artificial nutrition and hydration to be withdrawn even when death is
imminent.
‘Effectively
this would let me die of starvation and thirst when I am no longer able
to communicate my wishes.’
He added: ‘I will be
making a living will, even though it can be disregarded if it conflicts
with the doctor’s view.’ The Department of Health
opposed Mr Burke’s
claim that he has a right to be kept alive when he becomes too ill to
speak or make decisions for himself.
It said that artificial nutrition
and hydration count as medical treatment and the Health Service cannot
guarantee to provide the treatment a patient wants, only the treatment
doctors believe is best.
s.doughty@dailymail.co.uk
