- Moderator
- #21
This article offers a bit more information: Who is Charlie Gard, what is the mitochondrial disease he suffers from and why was there a legal battle?
But doctors at GOSH concluded that the experimental treatment, which is not designed to be curative, would not improve Charlie’s quality of life.
When parents do not agree about a child’s future treatment, it is standard legal process to ask the courts to make a decision. This is what happened in Charlie’s case.
Essentially, when it came down to the EU court, they opted not to intervene in the lower court decisions
These were the arguments:
But doctors at GOSH concluded that the experimental treatment, which is not designed to be curative, would not improve Charlie’s quality of life.
When parents do not agree about a child’s future treatment, it is standard legal process to ask the courts to make a decision. This is what happened in Charlie’s case.
Essentially, when it came down to the EU court, they opted not to intervene in the lower court decisions
These were the arguments:
What did Charlie's parents argue?
Richard Gordon QC, who led Charlie's parents' legal team, had told Court of Appeal judges that the case raised "very serious legal issues".
"They wish to exhaust all possible options," Mr Gordon said in a written outline of Charlie's parents' case.
"They don't want to look back and think 'what if?'. This court should not stand in the way of their only remaining hope."
Mr Gordon suggested that Charlie might be being unlawfully detained and denied his right to liberty.
He said judges should not interfere with parents' exercise of parental rights.
Lawyers, who represented Charlie's parents for free, said Mr Justice Francis had not given enough weight to Charlie's human right to life.
They said there was no risk the proposed therapy in the US would cause Charlie "significant harm".
What did GOSH argue?
Katie Gollop QC, who led Great Ormond Street's legal team, suggested that further treatment would leave Charlie in a "condition of existence".
She said therapy proposed in the USA was "experimental" and would not help Charlie.
"There is significant harm if what the parents want for Charlie comes into effect," she told appeal judges. "The significant harm is a condition of existence which is offering the child no benefit."
She added: "It is inhuman to permit that condition to continue."
Ms Gollop said nobody knew whether Charlie was in pain.
"Nobody knows because it is so very difficult because of the ravages of Charlie's condition," she said.
"He cannot see, he cannot hear, he cannot make a noise, he cannot move."
Richard Gordon QC, who led Charlie's parents' legal team, had told Court of Appeal judges that the case raised "very serious legal issues".
"They wish to exhaust all possible options," Mr Gordon said in a written outline of Charlie's parents' case.
"They don't want to look back and think 'what if?'. This court should not stand in the way of their only remaining hope."
Mr Gordon suggested that Charlie might be being unlawfully detained and denied his right to liberty.
He said judges should not interfere with parents' exercise of parental rights.
Lawyers, who represented Charlie's parents for free, said Mr Justice Francis had not given enough weight to Charlie's human right to life.
They said there was no risk the proposed therapy in the US would cause Charlie "significant harm".
What did GOSH argue?
Katie Gollop QC, who led Great Ormond Street's legal team, suggested that further treatment would leave Charlie in a "condition of existence".
She said therapy proposed in the USA was "experimental" and would not help Charlie.
"There is significant harm if what the parents want for Charlie comes into effect," she told appeal judges. "The significant harm is a condition of existence which is offering the child no benefit."
She added: "It is inhuman to permit that condition to continue."
Ms Gollop said nobody knew whether Charlie was in pain.
"Nobody knows because it is so very difficult because of the ravages of Charlie's condition," she said.
"He cannot see, he cannot hear, he cannot make a noise, he cannot move."