Wednesday, 14 June 2017

Baby Charlie Gard ~ European Court of Human Rights interim measure

The European Court of Human Rights has decided to continue to indicate to the United Kingdom Government that they should provide Charlie Gard, a baby suffering from a rare genetic disease, with such treatment and nursing care as may be appropriate to ensure that he suffers the least distress and retains the greatest dignity consistent, insofar as possible, with maintaining life.  The court's Press release dated 13th June 2017 is available via THIS LINK.  The Press Release states that the "interim measure" continues until the court decides on any substantive application that may be submitted.  In the event that no substantive application is submitted, the interim measure shall be maintained until midnight on Monday 19 June 2017.

Interim measures are urgent measures which, according to the Court’s well established practice, apply only where there is an imminent risk of irreparable harm. Such measures are decided in connection with proceedings before the Court, without prejudging any subsequent decisions on the admissibility or merits of the case in question. The Court grants such requests only on an exceptional basis, when the applicants would otherwise face a real risk of irreversible harm.

Previous post - Sunday 11th June.

Addendum 20th June:

On 19th June, the UK Supreme Court, "with considerable hesitation" directed that the declarations of Mr Justice Francis be further stayed until midnight on 10th/11th July.  Read the judgment.  

  1. Great Ormond Street Hospital v Yates & Ors [2017] EWHC 972 (Fam) (11 April 2017) (View without highlighting) [20%]
    ([2017] EWHC 972 (Fam); From England and Wales High Court (Family Division) Decisions; 82 KB)
  2. Yates & Anor v Great Ormond Street Hospital For Children NHS Foundation Trust & Anor (Rev 1) [2017] EWCA Civ 410 (23 May 2017) (View without highlighting) [13%]
    ([2017] EWCA Civ 410, [2017] WLR(D) 391; From England and Wales Court of Appeal (Civil Division) Decisions; 141 KB)
Addendum 30th June:

The European Court of Human Rights Press Release 27th June -  the court by a majority endorsed in substance the approach by the domestic courts and thus declared the application inadmissible. The decision is final. Consequently, the Court also considered that it was appropriate to lift the interim measure under Rule 39 of its Rules of Court. 

European Court of Human Rights - judgment

Sky News - Charlie Gard will die knowing that he was loved

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