The European Court of Human Rights (ECHR) has ruled that Charlie Gard, a little boy with a rare condition which has left him on life support, must continue receiving treatment for a week whilst the court considers the case.
Charlie’s parents attended an emergency hearing at the Supreme Court yesterday to ask permission to appeal the decision to turn off their 10 month old baby’s life support, and allow them to travel to America with Charlie for pioneering treatment which could improve his condition. Their appeal was turned down, and so their legal team appealed to the European Court.
The team will be arguing that the decision is in direct breach of Charlie’s and his parents’ right to family life under Article 8 of the Human Rights Act.
The ECHR hopes to make a statement on Tuesday as to whether it will accept the case. In the meantime it has ordered that Charlie must stay on life support, which was due to be switched off today, until it has come to a decision. This is an exceptional measure, which the ECHR is able to make under its current regulations, as removing Charlie’s treatment would lead to a “real risk of irreversible harm.”
As a result of this development, the Supreme Court’s decision has effectively been put on hold. Lady Hale, one of the three justices taking part in the hearing at the Supreme Court, still remains one of our favourite judges despite taking what we felt was a narrow view of the law in relation to the ‘significant harm’ threshold and its context. She makes a poignant observation:
“Any court will have the utmost sympathy for parent exploring every possible way of preserving the life of their baby son… As parents we would be all likely to do the same. … However, as judges, we are concerned only with the legal position.”
So what is the legal position? Charlie’s parents’ legal team had argued that the decision to switch off life support and seek out alternative treatment should rest with his parents unless it could be shown that to do so would cross the ‘risk of significant harm’ threshold. This threshold is part check list, part subjective reasoning, which is what makes it more fluid in nature, and therefore its terms more dynamic than those found in legislation. It was specially designed that way, by Lady Hale, so that it could respond to child welfare developments as they came about. However the Supreme Court judges took the view that the hospital was entitled to bring proceedings and that this right had to be prioritised over any new interpretation given on the concept of significant harm.
We would modestly disagree. Courts create precedent, which is the active interpretation of the law as it should be applied in society at any given moment in time. This case should have benefited from that process in its purest sense.
Researching Reform wishes Charlie Gard and his family luck for the next appeal.
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Driving home from the city today the time was 4.56pm.
i was dreading turning on the news when i got home. thank the heavens ( and the ECHR ) for another Glimmer of Hope.
its so disgracefully sad that the fight for this little boy has come to this.
like the battle of Maximus Decimus Meridius surrounded by Tigers in the Arena.
if as stated by Aerospace Billionaire Robert Bigelow that the ETs are already here i wonder what they must be thinking of what we are doing down here.
its absolutely shameful.
Lets suppose charlie goes to the USA and the treatment saves his life.
this is what all those who condemned him will be singing.
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Reblogged this on World4Justice : NOW! Lobby Forum..
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Look at the colour of baby Charlie Gards skin . He needs vitamin b12 . Why do we have the most backward health system in the world ?
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Parents usually love their children.The State does NOT;Therefore unless it can be clearly shown that these parents do NOT love their child (and nobody has ever alleged that so far) then those parents should be allowed to explore the prospects of effective treatment in any hospital and any country they choose.They should be able to do this without being menaced by an implacable UK State intent on murdering their child.
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I cant understand why Connie, Chris and families are being put through this hell, all they ask is for Charlie to be given a harmless medication which could potentially change his life, cancer patients etc are treated to the bitter end, what is the problem??x
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the late Great Bruce Lee said.
“it is like a finger pointing away to the Moon. dont concentrate on the Finger or you will miss all that Heavenly Glory.
“Running water never grows stale, you got to just keep on flowing”.
Great Ormond st are concentrating on the Finger and just dont see the bigger picture. these people are stale water.
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Stay strong!!
Don’t give up!!
Try to get the alternative treatment!
We pray for you,
From Holland
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Where there is life there is hope. We pray those bright eyes will continue to shine and their light never be extinguished from your hearts.
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