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European court to decide whether to hear more evidence on ill baby European court to decide whether to hear more evidence on ill baby
(7 months later)
Charlie Gard, 10 months old, has been offered experimental therapy in US, but UK judges have ruled he must be allowed to die with dignity
Owen Bowcott Legal affairs correspondent
Tue 13 Jun 2017 07.00 BST
Last modified on Wed 20 Sep 2017 23.06 BST
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The European court of human rights is due to decide on Tuesday whether it will hear legal arguments from the family of a severely ill baby who want him to be sent to the US for treatment.The European court of human rights is due to decide on Tuesday whether it will hear legal arguments from the family of a severely ill baby who want him to be sent to the US for treatment.
Chris Gard and Connie Yates, from Bedfont in west London, believe their 10-month-old son, Charlie Gard, who suffers from a rare genetic condition and has brain damage, should undergo experimental medical therapy in the US in the hope of prolonging his life.Chris Gard and Connie Yates, from Bedfont in west London, believe their 10-month-old son, Charlie Gard, who suffers from a rare genetic condition and has brain damage, should undergo experimental medical therapy in the US in the hope of prolonging his life.
Last week the supreme court in Westminster rejected the family’s appeal and effectively decided that he should be allowed to die with dignity. The ECHR in Strasbourg has ordered the UK to continue Charlie’s life-saving treatment, but that requirement is due to expire at midnight on Tuesday.Last week the supreme court in Westminster rejected the family’s appeal and effectively decided that he should be allowed to die with dignity. The ECHR in Strasbourg has ordered the UK to continue Charlie’s life-saving treatment, but that requirement is due to expire at midnight on Tuesday.
The court has been considering written submissions made by the family’s lawyers. The judges have not yet decided whether they will hear more detailed, oral evidence.The court has been considering written submissions made by the family’s lawyers. The judges have not yet decided whether they will hear more detailed, oral evidence.
Specialists at Great Ormond Street hospital, where Charlie is being treated, say the nucleoside bypass therapy proposed by a doctor in the US is experimental and would not help. They believe the life support treatment should end.Specialists at Great Ormond Street hospital, where Charlie is being treated, say the nucleoside bypass therapy proposed by a doctor in the US is experimental and would not help. They believe the life support treatment should end.
A high court judge in April had ruled against a trip to the US and in favour of the Great Ormond Street doctors. Mr Justice Francis concluded that life-support treatment should end and that Charlie should be allowed to die with dignity.A high court judge in April had ruled against a trip to the US and in favour of the Great Ormond Street doctors. Mr Justice Francis concluded that life-support treatment should end and that Charlie should be allowed to die with dignity.
Three court of appeal judges upheld that ruling in May and three supreme court justices on Thursday dismissed the couple’s latest challenge after a hearing in London. Yates screamed when the supreme court justices announced their decision.Three court of appeal judges upheld that ruling in May and three supreme court justices on Thursday dismissed the couple’s latest challenge after a hearing in London. Yates screamed when the supreme court justices announced their decision.
Gard and Yates, who are in their 30s, have launched a fundraising appeal to help pay for doctors’ bills in the US. It reached a £1.2m target before the high court trial. That figure has now topped £1.3m, consisting of more than 83,000 donations.Gard and Yates, who are in their 30s, have launched a fundraising appeal to help pay for doctors’ bills in the US. It reached a £1.2m target before the high court trial. That figure has now topped £1.3m, consisting of more than 83,000 donations.
Their lawyer, Richard Gordon QC, told the supreme court: “The issue is whether the state has the power to intrude on decisions the parents have made in order to mandate that child’s death before it might come to an end. These are model parents trying to do all they possibly can for the benefit of their child. Their view on what is best for Charlie differs from the court.”Their lawyer, Richard Gordon QC, told the supreme court: “The issue is whether the state has the power to intrude on decisions the parents have made in order to mandate that child’s death before it might come to an end. These are model parents trying to do all they possibly can for the benefit of their child. Their view on what is best for Charlie differs from the court.”
Gordon said that where parents are agreed, questions of upbringing “should not normally come before the court”. Parental responsibility, he added, was being eroded.Gordon said that where parents are agreed, questions of upbringing “should not normally come before the court”. Parental responsibility, he added, was being eroded.
NHS
European court of human rights
Health
Human rights
Charlie Gard
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