Comments on the Lambert case: the rulings of the French Conseil d’Etat and the European Court of Human Rights

Med Health Care and Philos (2017) 20:187
Author: Denard Veshi
“This study examines the decisions of the French Conseil d’Etat (Supreme Administrative Court) and the European Court of Human Rights in the Lambert case concerning the withdrawal of life-sustaining treatments. After presenting the facts of this case, the main legal question will be analyzed from an ethical and medical standpoint. The decisions of the Conseil d’Etat and then of the European Court of Human Rights are studied from a comparative legal perspective. This commentary focuses on the autonomous will of an unconscious patient and on the judicial interpretation of the right to life as recognized in article 2 of the European Convention on Human Rights. Furthermore, it medically classifies artificial nutrition and hydration (ANH) as a ‘treatment’ which has ethical and legal implications.”
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