Strasbourg (France): On the issue of rights of individual in a Vegetative state, the European Rights Court has confirmed the decision of the France bases- Court where a man in a Vegetative state was allowed to take off his life support.
The said precedent laid down by the European Rights Court is expected to be a landmark ruling for the entire Continent.
The decision was made by the European Rights Court, in the case of Vincent Lambert, who due to an 2008’s road accident / mishap was left with the severely brain damaged and quadriplegic for over a year. But in the judicial battle won and now has got solution on the issue of right to die.
In the fight for right to die, on the case of Mr. Lambert, the Europe based- Court of Human Rights at Strasbourg voted twelve to 5 that the decision taken by the France based- Court, where an intravenously feeding Lambert was to be stopped is found not in violation of European laws on rights.
Mr. Lambert’s wife, Mrs. Rachel found insisting that Mr. Lambert would not want to be, artificially, kept alive. However, the feelings from the side of Mr. Lambert’s mother, Viviane was that any attempt for stopping life- sustaining treatment would amount to ‘disguised euthanasia’ as her son was merely handicapped.
Based on the 2005’s French Law dealing with the concept of ‘Passive Euthanasia’, the doctors who were treating Mr. Lamberts, his wife and other siblings had decided to stop the intravenous food and water to Mr. Lamberts, due to which only he was kept alive. The said decision was the resulted in the legal proceedings in the month of January, 2014.
In the process, the parents, half- brother and sister has earlier won the legal battle when the Urgent Court application to stop the plan was decided. However, the France based- Supreme Administrative Court, namely, the State Council, in an appeal had ordered a group of 3 Doctors to make a report on condition of Mr. Lambert and later on in the month of June, made it clear that the decision in case of man with no hope of recovery, as to withdrawal of care was lawful.
Finally, the case was brought before the European Rights Court, by the Parents of Mr. Lambert and the said Rights Court had earlier ordered France for keeping Mr. Lambert alive till the decision will arrive on the issue. And at final, it is held that the decision of French Court was right and as such upheld by the European Rights Court.
by Faim Khalilkhan Pathan.