Baby case "raises basic rules of humanity"
By Sally Pook and Nicole Martin
(Filed: 08/10/2004)
The judge given the task of deciding the fate of Charlotte Wyatt told the High Court yesterday that the case had raised some of the most fundamental principles that underpin humanity.
Mr Justice Hedley, who took 40 minutes to read the 21-page judgment before a packed courtroom, told Charlotte"s parents that he had given the case his "most anxious and closest attention".
"I am only too aware of my own limitations in making so momentous a decision," he said.
He began by stressing that his judgment lay in not deciding whether Charlotte should live or die, but how and when she should die.
"What is the role of the court in all this?" he asked. "Any civilised society must have the means by which intractable disputes, whether between the state and the citizen or between citizens themselves are to be resolved."
On the basis of medical evidence, the judge said it was clear that Charlotte experienced pain. "Whether she can experience pleasure, no doctor knows, though most doubt it," he said.
Although Charlotte"s parents, Debbie and Darren Wyatt, recognised the profoundly pessimistic medical prognosis, he said, they had not abandoned hope.
"They believe it is their duty to maintain life as they do not believe she is yet ready to die."
The baby, he added, had no ability to exercise a choice.
"Whilst the sanctity of her life and her right to dignity are to be respected, she can exercise no choice of her own.
"In those circumstances someone must choose for her. That is usually her parents but here it is the court.
"That choice must be exercised on the basis of what is in her best interests. It is the understanding and application of that concept that presents the true difficulty in this kind of case."
The judge said that despite being aware of his limitations in making a decision between these two opposing parties, a decision "there simply had to be". "This case evokes some of the fundamental principles that undergird our humanity," he said.
"They are not found in Acts of Parliament or decisions of the courts but in the deep recesses of the common psyche of humanity."
The judge told the court that he did not believe any further aggressive treatment, even if necessary to prolong her life, was in Charlotte"s best interests.
In reaching his decision, the judge said he had considered how, not if, Charlotte should die.
"As a society we fight shy of pondering on death. Yet inherent in each of us is a deep desire both for oneself and for those we love for a "good" death," he said.
"It seems to me therefore that in any consideration of best interests in a person a risk of imminent death is that of securing a "good" death.
"It would be absurd to try to describe that concept more fully beyond saying that everyone in this case knows what it means - not under anaesthetic, not in the course of painful and futile treatment, but peacefully in the arms of those who love her most."
He added that in making his decision he had seen not just a physical being but "a body, mind and spirit expressed in a human personality of unique worth who is profoundly precious to her parents".
"It is for that personality of unique worth that I have striven to discern her best interests. It is my one regret that my search has led to a different answer than that sought by these parents."
The judge added that it would not be right for him to part with the case without acknowledging "the dignity which these parents have shown in their sorrow or the commitment that they have shown to Charlotte".
"Their acknowledgement of the medical care Charlotte has received was a proper tribute to the treating staff and it is always refreshing to see a generous spirit displayed in adversity."
The judge ended by saying that although he had no doubt about the law, it left him "a little uncomfortable".
"The only way I can allay my discomfort is to remind myself in my consideration of Charlotte"s interests that Mr and Mrs Wyatt know her best," he said.
"In approaching the case in this way, I think I come closest to giving proper weight to their views whilst discharging the responsibility placed on the court."
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ผมชอบวิธีการที่ศาลอังกฤษจะต้อง "ให้เหตุผล" อธิบายต่อคนฟัง (หรือจริงๆแล้วต่อมโนสำนึกของตนเองด้วย) และในรายนี้ การแสดงความคิดเห็นต่อ Principle of autonomy และ humanity ในมุมมองของศาลนั้นชัดเจนและด้วยภาษาที่สวยงามมาก ดังนั้นทั้ง contents และภาษาน่าศึกษามากครับ
Posted by : Phoenix , Date : 2004-10-08 , Time : 20:14:48 , From IP : 203.156.40.130
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