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Leslie Burke suffers from Friedreich's ataxia, a rare and progressive neurological condition.

The European Court of Human Rights in Strasbourg today rejected Leslie's appeal for the right to receive artificial nutrition and hydration (ANH) once he is unable to voice his wishes.

Leslie is aged 46 and is from Lancaster.

In July 2004 he challenged the General Medical Council's (GMC)guidelines on when life sustaining treatment should be withdrawn in both the High Court and in the Court of Appeal.

An application for Permission to Appeal to the House of Lords was refused so Leslie took his case to the European Court of Human Rights in Strasbourg in May 2006.

The European Court of Human Rights (ECtHR) announced in a written judgment released last week to Mr Burke and the UK Government that they have declined his application to effectively overturn a ruling last year by the Court of Appeal which said it would be lawful for doctors to refuse him artificial nutrition and hydration once he loses competence to determine his own best interests.

His solicitor, healthcare public law specialist Muiris Lyons said:

"Leslie has been determined to take his case as far as the law allows and he is deeply disappointed that the European Court of Human Rights has ruled that there is no breach of his human rights."

"Leslie wanted to have his position in law clarified now, before he loses competency to determine his own best interests."

"The Court has effectively determined that his application is premature. However, once he loses the capacity to make his own decisions he will also lose the ability to make such an application in his own right. It is a catch 22 situation for him."

The ECtHR considered that Mr Burke had failed to establish that he faces a real or imminent risk that ANH will be withdrawn in circumstances precipitating a painful death by thirst.

The ECtHR stated that it was satisfied that UK law was in favour of prolonging life wherever possible.

On eof the options left open to Leslie now is to make a living will.

Friedreich's ataxia - a rare and progressive neurological condition. A form of spino-cerebellar ataxia.

Ataxia - 'absence of order'. Affects parts of the nervous system that normally control co-ordination and balance, creating problems with co-ordination.

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. Friedreich's ataxia is the most common.

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