UN injunction orders doctors NOT to withdraw treatment from Southend's Archie Batterbee

Doctors were previously told they were legally allowed to withdraw Archie's treatment

Archie's mum Hollie Dance speaking outside of court in London
Author: Matt SoanesPublished 29th Jul 2022
Last updated 29th Jul 2022

The United Nations has issued an injunction meaning Archie Battersbee's life support can't be turned off while they consider the case.

Doctors here consider the 12-year-old to be 'brain-stem dead' - but his family insist he's responsive.

His parents have taken the case abroad after judges in the UK ruled stopping his treatment is in his best interests.

Earlier they made a "last-ditch" application to a UN Committee after losing life-support treatment fights in London courts.

A High Court judge previously said ending treatment is in Archie's best interests.

The youngster's parents, who are separated but both live in Southend, Essex, failed to persuade Court of Appeal judges to overturn that ruling and Supreme Court justices have refused to intervene.

The UN Committee on the Rights of Persons With Disabilities has written to Archie’s parents and legal team saying:

"Under article 4 of the Optional Protocol to the Convention on the Rights of Persons with Disabilities and pursuant to rule 64 of the Committee’s Rules of Procedure, the Committee, acting through its Special Rapporteur on Communications, has requested the State party to refrain from withdrawing life-preserving medical treatment, including mechanical ventilation and artificial nutrition and hydration, from the alleged victim while the case is under consideration by the Committee

"This request does not imply that any decision has been reached on the substance of the matter under consideration. The Committee may review the necessity of maintaining the request for interim measures once the State party’s observations have been received."

The UK has an obligation under international human rights law to comply with the injunction.

Judges have heard that Archie's mum found him unconscious at home on April 7.

Since then, he's been on a ventilator in hospital.

Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, think he is brain-stem dead.

Bosses at the hospital's governing trust, Barts Health NHS Trust, had asked for decisions on what medical moves were in Archie's best interests.

A High Court judge, Mrs Justice Arbuthnot, initially considered the case and concluded that Archie was dead.

But Court of Appeal judges upheld a challenge by his parents against decisions taken by Mrs Justice Arbuthnot and said the evidence should be reviewed by a different High Court judge, Mr Justice Hayden.

Miss Dance said: "Words cannot describe how devastated we are.

"The pressure put on us from the beginning to rush through the process of ending Archie's life has been disgraceful.

"All we have ever asked for is for more time.

"The urgency from the hospital and the courts is unexplained when other parties have been happy for us to have more time.

"I don't believe there is anything 'dignified' about planning Archie's death.

"For me, this would be the most traumatic outcome.

"Parents need support not pressure.

"It is exhausting what we have been through.

"We should not have to endlessly battle the hospital in the courts for what we believe is right for Archie.

"Top judges have told us, however, that this is the law, if this so, the law must change.

"We will continue fighting for Archie, we will not give up and now await the response from the UN committee."

The Christian Legal Centre spokesman added: "The UK has an obligation under international human rights law to comply with interim measures indicated by the committee.

"That obligation comes from the Optional Protocol to the UN Convention on the Rights of Persons with Disabilities.

"The Optional Protocol creates an enforcement mechanism for the convention, i.e. the committee with power to monitor states' compliance, consider individual complaint, and issue interim measures.

"A number of UN conventions have similar Optional Protocols.

"The UK has chosen to opt into some but not the others.

"In the case of disability rights, the UK Government has taken a considered decision to join the Optional Protocol and to be bound by the decisions of the committee.

"The NHS trust is an emanation of the UK state. We therefore expect the Government and the trust to honour its international human rights obligations."

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