La sentenza CEDU sul caso Charlie Gard

Per curiosità ho cercato la sentenza CEDU e l’ho trovata su;  in fondo trovate il link completo

5. The Supreme Court decision of 19 June 2017, in the Matter of Charlie Gard 37. In light of the indication of this Court of 13 June 2017 under Rule 39, the government requested a hearing before the Supreme Court for directions on whether the Supreme Court could direct a further stay of the declaration of the High Court of 11 April 2017 (see paragraph 19 above). In their judgment the Supreme Court stated: “15. Every day since 11 April 2017 the stays have obliged the hospital to take a course which, as is now clear beyond doubt or challenge, is not in the best interests of Charlie. The hospital finds itself in an acutely difficult ethical dilemma: although the stays have made it lawful to continue to provide him with AVNH, it considers it professionally wrong for it to have continued for over two months to act otherwise than in his best interests. … “17. We three members of this court find ourselves in a situation which, so far as we can recall, we have never previously experienced. By granting a stay, even of short duration, we would in some sense be complicit in directing a course of action which is contrary to Charlie’s best interests”. 38. The court also recalled the importance of protecting the applicants’ right to petition this Court and accordingly, granted a further stay until midnight on 10/11 July 2017. 39. In closing the Supreme Court noted: “22. By way of postscript, the court was today informed that the proposed application to the ECtHR will be made not only by the parents but also by or on behalf of Charlie. It is not, of course, for this court to comment on how the ECtHR should address the status of an application made by parents on behalf of a child for a declaration that his rights have been violated by decisions found to have been made in his best interests. But, as the ECtHR well knows, our procedures have required that Charlie’s participation in the domestic proceedings should at all times have been in the hands of an independent, professional guardian”.

Il testo completo è a margine dell’articolo al link:


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