Nanny State
13 Jun '17 16:231 editThe ECHR has extended its order requiring the hospital to continue life support until Sunday while it considers the case. http://www.independent.co.uk/news/health/charlie-gard-latest-news-stay-alive-life-support-european-court-human-rights-case-great-ormond-a7788011.html
The Order states:
Today, the European Court of Human Rights decided to continue to indicate to the United Kingdom Government that they should provide Charlie Gard, a baby suffering from a rare genetic disease, with such treatment and nursing care as may be appropriate to ensure that he suffers the least distress and retains the greatest dignity consistent, insofar as possible, with maintaining life.
On Tuesday 6 June 2017, in light of the UK High Court order permitting the withdrawal of Charlie Gard’s artificial ventilation and in anticipation of the decision by the UK Supreme Court to reject their appeal, Charlie Gard’s parents filed a request for an urgent interim measure (under Rule 39 of the Rules of Court) with the European Court. The applicants have not at this stage submitted a full, substantive application – the request was for an interim measure only. On Friday 9 June the Court initially granted the interim measure in the application Gard and Others v. the UK (no. 39793/17) in
order to allow the European Court to examine the request in a Chamber formation of seven judges
(see link to press release).
The Chamber has now given detailed consideration to the Rule 39 request and considers that serious and irreparable harm may occur if it lifts its Rule 39 indication before the Court can examine any application which may be submitted in this case.
At this stage in the procedure, the Court cannot prejudice any decision that it may ultimately make on the substance of the case. Therefore, in the interests of the parties and the proper conduct of the proceedings before it, it has indicated to the Government to prolong the application of the interim measure of 9 June 2017 until its decision on any substantive application that may be submitted. In the event that no substantive application is submitted, the interim measure shall be maintained until midnight on Monday 19 June 2017.
It has also been decided under Rule 331 that the documents in the case file should not be accessible to the public.
file:///C:/Users/no1marauder/Downloads/Gard%20and%20Others%20v.%20the%20UK%20-%20interim%20measure%20continued%20.pdf
Reading the Order it is a bigger deal than merely a six day reprieve. If the Gards file a substantive application (which they almost certainly will), the Court has indicated its willingness to "prolong the application of the interim measure .................... until its decision on any substantive application". Translating that into English from Legalese, that means that the Court has ordered the status quo to be maintained until it decides whether the English courts have erred.
The Order states:
Today, the European Court of Human Rights decided to continue to indicate to the United Kingdom Government that they should provide Charlie Gard, a baby suffering from a rare genetic disease, with such treatment and nursing care as may be appropriate to ensure that he suffers the least distress and retains the greatest dignity consistent, insofar as possible, with maintaining life.
On Tuesday 6 June 2017, in light of the UK High Court order permitting the withdrawal of Charlie Gard’s artificial ventilation and in anticipation of the decision by the UK Supreme Court to reject their appeal, Charlie Gard’s parents filed a request for an urgent interim measure (under Rule 39 of the Rules of Court) with the European Court. The applicants have not at this stage submitted a full, substantive application – the request was for an interim measure only. On Friday 9 June the Court initially granted the interim measure in the application Gard and Others v. the UK (no. 39793/17) in
order to allow the European Court to examine the request in a Chamber formation of seven judges
(see link to press release).
The Chamber has now given detailed consideration to the Rule 39 request and considers that serious and irreparable harm may occur if it lifts its Rule 39 indication before the Court can examine any application which may be submitted in this case.
At this stage in the procedure, the Court cannot prejudice any decision that it may ultimately make on the substance of the case. Therefore, in the interests of the parties and the proper conduct of the proceedings before it, it has indicated to the Government to prolong the application of the interim measure of 9 June 2017 until its decision on any substantive application that may be submitted. In the event that no substantive application is submitted, the interim measure shall be maintained until midnight on Monday 19 June 2017.
It has also been decided under Rule 331 that the documents in the case file should not be accessible to the public.
file:///C:/Users/no1marauder/Downloads/Gard%20and%20Others%20v.%20the%20UK%20-%20interim%20measure%20continued%20.pdf
Reading the Order it is a bigger deal than merely a six day reprieve. If the Gards file a substantive application (which they almost certainly will), the Court has indicated its willingness to "prolong the application of the interim measure .................... until its decision on any substantive application". Translating that into English from Legalese, that means that the Court has ordered the status quo to be maintained until it decides whether the English courts have erred.
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