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Report No. 196

The learned Judge agreed with Munby J where he had stated as follows:

"Article 2 does not entitle anyone to continue life-prolonging treatment where to do so would expose the patient to 'inhuman or degrading treatment' breaching Art. 3. On the other hand, a withdrawal of life-prolonging treatment which satisfies the exacting requirements of the common law, including a proper application of the intolerability test, and in a manner which is in all other respects compatible with the patient's rights under Art. 3 and Art. 8 will not, in my judgment, give rise to breach of Art. 2"

Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners) Back

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