Scrutiny of bills : final progress report : twenty-third report of session 2003-04 : report, together with formal minutes and appendices / Joint Committee on Human Rights.

  • Great Britain. Parliament. Joint Committee on Human Rights
Date:
2004
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Licence: Open Government Licence

Credit: Scrutiny of bills : final progress report : twenty-third report of session 2003-04 : report, together with formal minutes and appendices / Joint Committee on Human Rights. Source: Wellcome Collection.

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    NaAriciInnc Fr Kz ~tere a traatmant NECISIONS TO retuse treatment SZ Ke DFroOVISsic advance decisio ro fuse treatment he inclusion of such provisions in the Bill does not itself raise issues of compatibility with Article 2 ECHR. It is well established in current law that, important though the principle of the sanctity of life is in human rights law, it may have to yield where it comes into conflict with the rights to dignity and personal autonomy protected by Articles 3 and 8 ECHR.”3 T io V etner T eguaras surrou Ia - ity i) 2.45 We have scrutinised very carefully the safeguards provided to ensure that such laypeople. The requirement that an advance directive specify the particular treatment for which consent is refused in advance should mean in practice that a specific advance refusal of ANH would be required in order to be effective. However, in order to be sure that a t rectlv ermusing consent to ILile- 2.47 We have also considered whether clauses 24 to 26 should be amended to reflect the at an advance directive requiring the provision of ANH is determinative of the question whether such treatment should be provided.'* The reasoning of the High Court is that this is required in order to comply with the patient's 123 See for example, HE v A Hospita! NHS Trust [2003] EWHC 1017 (Fam), [2003] FLR 408 124 See the suggestion of Ann Winterton MP in Committee, HC Deb., 28 October 2004, col. 226, asking that the guidance on the Act point out to people wishing to make advance directives that treatment includes basic care such as hydration and nutrition, however delivered.
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