BRITAIN: The European Court of Human Rights has awarded €25,000 to an English woman and her son against the UK government for violation of respect for their private life.
This is guaranteed by Article 8 of the European Convention on Human Rights.
The case concerned a severely mentally and physically disabled boy, David Glass, now 18, and his mother Carol. In July 1998, he was admitted to St Mary's Hospital in Portsmouth. Following an operation to alleviate a respiratory tract obstruction, David had to be put on a ventilator. He recovered, and was sent home, but had to be readmitted on September 8th.
Doctors discussed with Ms Glass using morphine to alleviate his distress, but she objected. She also said that if his heart stopped she expected resuscitation. The doctor involved considered this was not in David's best interests.
David's condition deteriorated, and on October 20th, 1998, doctors considered that he was dying and recommended that a form of morphine be given to him to relieve his distress. Ms Glass did not agree her son was dying, and was very concerned the diamorphine would lessen his chances of recovery. He was given the drug at 7 p.m. that evening.
Family members believed that David was being covertly euthanased. The hospital authorities threatened to exclude the family from the hospital. A "Do Not Resuscitate" (DNR) order was put in David's medical notes without consulting Ms Glass.
The following day David's condition deteriorated, but Ms Glass succeeded in resuscitating him herself. David's condition improved. and he went home on October 21st, 1998.
Ms Glass complained to the European court that UK law failed to guarantee respect for David's physical and moral integrity required by Article 8 of the convention. The court found that the doctors had acted in accordance with their judgment of David's best interests. However, there was no adequate explanation why the hospital did not seek High Court authorisation to override the family's wishes.