Appeal Court reject or right to be kept alive

AUGUST 7, 2005

BRAVE campaigner Leslie Burke has pledged to fight on in his bid to secure the right to live when he becomes unable to communicate with hospital staff.

The Court of Appeal last week overturned an earlier High Court decision which said the Lancaster-based Catholic, who has a degenerative brain condition, had the right to insist on artificial nutrition and hydration even if doctors were convinced the process was futile.

The new ruling gave Mr Burke personal protection but uphold General Medical Council guidelines which leave such decisions in the hands of doctors.

"It gives me protection but in terms of setting a precedent it is bad news," said Mr Burke, who took issue with the references in the judgment to the partnership between doctors and patients.

"A partnership can only work when both sides are on a level playing field," he said, "Doctors have a duty to consult with the person or next of kin but the doctor's decision is final. That is not a level field."

Cardiff Archbishop Peter Smith, who has spearheaded the Church's involvement in the recent parliamentary debates over right-to-life issues, offered a guarded welcome to the Court of Appeal ruling.

"Whilst we would not agree with some aspects of the Court of Appeal's analysis, its key findings are welcome," he said.

"In particular, the Court has rightly stressed that a patient's best interests are `objective' and not defined simply by the patient's wishes and determinations.

"Like the Mental Capacity Act the Court of Appeal's judgement in Burke thus leaves such issues for future resolution."

However, pro-lifers and disability rights groups offered a frostier reception. "According to the Government, we have every right to say we want to be starved to death but we can't say we don't want to starve to death," said Phyllis Bowman of Right to Life.

Mr Burke now has two options, to petition the House of Lords or take his case to the European Court of Human Rights, and as he decided his next step he thanked everyone who had offered support.

"Since I took this case on I have been struck by the number of people who have got in touch and feel the same way as I do," he said. "There has been so much support from around the world."

Appeal Court reject or right to be kept alive

AUGUST 7, 2005

BRAVE campaigner Leslie Burke has pledged to fight on in his bid to secure the right to live when he becomes unable to communicate with hospital staff.

The Court of Appeal last week overturned an earlier High Court decision which said the Lancaster-based Catholic, who has a degenerative brain condition, had the right to insist on artificial nutrition and hydration even if doctors were convinced the process was futile.

The new ruling gave Mr Burke personal protection but uphold General Medical Council guidelines which leave such decisions in the hands of doctors.

"It gives me protection but in terms of setting a precedent it is bad news," said Mr Burke, who took issue with the references in the judgment to the partnership between doctors and patients.

"A partnership can only work when both sides are on a level playing field," he said, "Doctors have a duty to consult with the person or next of kin but the doctor's decision is final. That is not a level field."

Cardiff Archbishop Peter Smith, who has spearheaded the Church's involvement in the recent parliamentary debates over right-to-life issues, offered a guarded welcome to the Court of Appeal ruling.

"Whilst we would not agree with some aspects of the Court of Appeal's analysis, its key findings are welcome," he said.

"In particular, the Court has rightly stressed that a patient's best interests are `objective' and not defined simply by the patient's wishes and determinations.

"Like the Mental Capacity Act the Court of Appeal's judgement in Burke thus leaves such issues for future resolution."

However, pro-lifers and disability rights groups offered a frostier reception. "According to the Government, we have every right to say we want to be starved to death but we can't say we don't want to starve to death," said Phyllis Bowman of Right to Life.

Mr Burke now has two options, to petition the House of Lords or take his case to the European Court of Human Rights, and as he decided his next step he thanked everyone who had offered support.

"Since I took this case on I have been struck by the number of people who have got in touch and feel the same way as I do," he said. "There has been so much support from around the world."