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Glass v. The United Kingdom |
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Judgment in Strasbourg, 9th March 2004 Para 70: ..."The Court notes that the second applicant... as mother of the first applicant - a severely handicapped child - acted as the latter's legal proxy. In that capacity, the second applicant had the authority to act on his behalf and to defend his interests, including in the area of medical treatment... It is clear that when confronted with the reality of the administration of diamorphine to the first applicant, the second applicant expressed her firm opposition to this form of treatment. These objections were overridden, including in the face of her continuing opposition. It considers that the decision to impose treatment gave rise to an interference with the first applicant's right to respect for his private life, and in particular his right to physical integrity..." Para 81: "..."The Court is not persuaded that an emergency High Court application could not have been made by the Trust when it became clear that the second applicant was firmly opposed to the administration of a diamorphine... However, the doctors and officials used the limited time available to them in order to try to impose their views ... It observes in this connection that the Trust was able to secure the presence of a police officer to oversee the negotiations with the second applicant. Para 82: The doctors and the Trust... should not have engaged in rather insensitive attempts to overcome her opposition." Para 83: "The Court considers that . . . the decision of the authorities to override the second applicant's objection to the proposed treatment in the absence of authorization by a court, resulted in a breach of Article 8 of the Convention." This was a unanimous opinion. In addition, Judge Casadevall expressed his belief that the inclusion of a DNR notice in David Glass' case notes without his mother's knowledge "helps to understand better the qualms and distress experienced by the mother... and her manner of dealing with the situation during the disturbing and unbelievable fight that broke out between certain members of the family and the hospital doctors." Note: David Glass' two aunts and his uncle, who valued his life, were all sent to prison.
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