
Leslie Burke suffers from Friedreich's ataxia - a rare and progressive neurological condition.
He's fighting for the right to receive artificial nutrition and hydration once he's unable to voice his wishes.
Today he appealed to the European Court of Human Rights (ECtHR) to overturn a ruling by the Court of Appeal which ruled it was lawful for doctors torefuse him artificial nutrition and hydration once he is unable to voice his wishes.
Leslie has previously challenged the General Medical Council's (GMC) guidelines on when life sustaining treatment should be withdrawn in the High Court and in the Court of Appeal.
His solicitor, healthcare public law specialist Muiris Lyonssaid:
"Leslie is determined to take his case to Strasbourg to ask the European Court of Human Rights to rule that his human rights are breached by the current GMC guidance."
"Leslie is concerned that after assessing his condition following a significant deterioration, doctors may decide that his condition is so severe and the prognosis so poor that even though death is not imminent, providing artificial nutrition or hydration may cause suffering, or be too burdensome in relation to the possible benefits. They may then decide to discontinue this life-sustaining treatment.
"This would be contrary to his wishes - which he fears may be ignored or overruled because he is considered to lack the capacity to decide for himself."
As his condition continues to deteriorate Leslie will lose the ability to swallow and will require artificial nutrition and hydration (ANH). He will become dependent on others for his most basic needs - which he fears could be withdrawn against his wishes.
Current GMC guidance for the medical profession in the UK would permit doctors to withdraw ANH from Leslie, which would lead to him suffering, and his eventual death through starvation and dehydration.
He is concerned that this may happen to him whilst he remains fully conscious but as a result of his condition he will be unable to communicate his wishes.
The Court in Strasbourg will consider the application over a period of several months and will decide whether the case should be listed for an oral hearing.
Friedreich's ataxia - a rare and progressive neurological condition. It is a form of spino-cerebellar ataxia.
Ataxia - the word ataxia means 'absence of order'. People with ataxia have problems with co-ordination. This is because parts of the nervous system that normally control co-ordination and balance are affected. Ataxia is the principal symptom of a group of rare neurological disorders called the cerebellar ataxias. Most cerebellar ataxias are progressive. Ataxia can also be a symptom of other conditions such as multiple sclerosis or cerebral palsy. There are many different types of cerebellar ataxia. Some are inherited. The most common of these is called Friedreich's ataxia.
Timeline
- July 2004 - Judicial review in the High Court. Leslie challenged GMC guidelines: 'Withholding and Withdrawing Life-prolonging Treatments: Good Practice in Decision Making'.
- July 2005 - the GMC successfully appealed the decision in the Court of Appeal.
- December 2005 - House of Lords Appeal. The Lords decided not to hear the case.
- May 2006 - Leslie lodges appeal with the ECtHR
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