The Right to Life

NHS Trust A v M NHS Trust B v H (TLR 29 November FD)

The lawful withdrawal of treatment in cases where the patient was in a permanent vegetative state would only be incompatible with Article 2 of the Human Rights Convention, the right to life, where the circumstances were such as to impose a positive obligation on the state to take steps to prolong a person’s life. There was no continuing obligation to maintain life in the circumstances of permanent vegetative state patients was accepted in many parts of the world in both common law and civil jurisdictions and was accordingly compatible with democratic values. While the wishes and feelings of the families of patients were important considerations for hospitals treating patients, where the patient was insensate it was not necessary to come to a conclusion as to whether they formed part of the patient’s rights to respect for family life in Article 8 terms. Neither did Article 3, which required the victim to be aware of the inhuman or degrading treatment experienced, apply to a patient in a permanent vegetative state.