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Archie Battersbee’s life support could be withdrawn on Tuesday as court rejects delay

However, Hollie Dance and Paul Battersbee, the boy’s parents, made a final application to the United Nations Committee on the Rights of Persons with Disabilities (UNRPD) last week.

The UNRPD then urged the UK “not to discontinue life-sustaining medical treatments, including mechanical ventilation and artificial feeding and hydration…while the case is under review by the Committee”.

The government’s legal department responded by writing an urgent letter on behalf of Health Secretary Steve Barclay on Sunday, urging the courts to consider the committee’s request as a matter of urgency.

The case of Archie’s parents stems from the fact that the UK has signed and ratified the Convention on the Rights of Persons with Disabilities and its Optional Protocol, which lays down obligations for States to “ensure the full realization of all human rights and fundamental freedoms for all people with disabilities.” disabilities”.

Edward Devereux QC, representing Archie’s parents, said that while the UK could provide input to the UN Committee as to why the request for interim measures should not go ahead, the request could not simply be ignored.

However, Claire Watson QC, for Archie’s guardian, an independent consultant appointed to represent him, argued that failing to comply with the UN Committee’s request would not constitute a breach of international law as the UK Government has the relevant regulations never included domestic law.

She said that if the UK is “bound by treaties that are not incorporated into domestic law, what sovereignty does the UK have?”

https://www.telegraph.co.uk/news/2022/08/01/archie-battersbees-life-support-end-tuesday-court-rejects-delay/ Archie Battersbee’s life support could be withdrawn on Tuesday as court rejects delay

Linh

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