British Section of the World Federation of Doctors Who Respect Human Life

Mr. Leslie Burke, who has cerebellar ataxia, applied last year for judicial review of the Guidance on withdrawing and withholding tube feeding and hydration which was issued by the General Medical Council in 2002, and the case was heard by Mr. Justice Munby in the Queen's Bench Division of the High Court, 26th February -1st March 2004.

Mr. Richard Gordon QC, was counsel for Leslie Burke, following his earlier Opinion (requested by ALERT), that the Guidance breaches Articles 2, 3 6 and 14 of the European Convention on Human Rights, which is now part of UK law. The Disability Rights Commission, as an interested party, submitted evidence which was critical of the Guidance.

Leslie Burke, a wheelchair user, told Elizabeth Day of the Sunday Telegraph (15th February): "I'm enjoying my life so much that I don't want to have it cut short for any reason whatsoever. This is not just about consent. It's about stopping society taking the easy way out. Doctors are being guided by the pressure to free hospital beds.

"I'm not brave and I'm definitely not tragic. This is just something I feel passionately about."

The practice of withholding tube feeding and hydration from patients with the intention of causing death was first authorized by the Bland judgment in 1993. Mr. Francis, Counsel for the Official Solicitor, said in the course of the hearing that since there were now thousands of such cases every year, it would be impossible for doctors to apply for the Court's permission every time as provided by Article 6 of the Convention, which deals with access to a court.

He also said that if the GMC's Guidance were not upheld, the Government's draft Mental Incapacity Bill would have to be changed. At the time of writing the Judgment is not known. Mr. Justice Munby has asked for submissions on the significance of Carol Glass' victory in the European Court of Human Rights, which involves Article 8 (respect for private and family life).