Unilaterally Withdrawing Life-Sustaining Treatment Is Consistent with Human Rights Law - Rules ECHR

The European Court of Human Rights has just ruled that clinicians may unilaterally withhold or withdraw life-sustaining treatment over patient or family objections. (Medmoune v. France). And that does not violate human rights protections, so long as the process comports with procedural fairness.

44-year-old A.M. was struck by a vehicle in May 2022, suffering catastrophic brain damage. While A.M. had an advance directive stating that he would want treatment even in that condition, his treating clinicians determined it was “manifestly inappropriate and not in conformity with the patient’s medical condition."  

The ECHR ruled that French law was consistent with human rights law. First, evidence from the patient and family was considered. Second, there were repeated medical assessments, input from outside specialists and ethics bodies, and continuous dialogue with the family. Third, the family was afforded judicial review of the hospital's decision.

Notably, this sort of procedural due process is what I have defended for years.