An NHS Trust and others v Y and another [2018] UKSC 46: Reducing the Role of the Courts in Treatment Withdrawal. (15th January 2019)

• Record Type: Journal Article
• Authors: Wicks, Elizabeth
• Is Part Of: Medical law review. Volume 27:Number 2(2019)
• Page Start: 330
• Page End: 338
• Publication Date: 2019-01-15
• Subjects: Court declarations -- Prolonged Disorder of Consciousness (PDOC) -- Right to Life -- Withdrawal of treatment; Medical laws and legislation -- Great Britain -- Periodicals; Medical jurisprudence -- Periodicals; Jurisprudence -- Periodicals; Legislation, Medical -- Periodicals; Medical jurisprudence; Medical laws and legislation; Great Britain; 344.41041
• DOI: 10.1093/medlaw/fwy043
• Languages: English
• ISSNs: 0967-0742

Abstract

Abstract: In An NHS Trust and others v Y and another, the Supreme Court was asked to address the question of whether a court order must always be obtained before clinically assisted nutrition and hydration (CANH), which is keeping alive a person with a prolonged disorder of consciousness (PDOC). This case note explores the Court's decision to dispense with the need for such a court order and analyses that important change in approach from the perspective of the right to life protected in Article 2 European Convention on Human Rights (ECHR) as well as in the broader context of end of life decision-making.