Asserting the Right to Life -- a Challenge to Medical Guidance on Withdrawing Treatment

Abstract

This paper analyses the English High Court decision of R (on the application of Burke) v General Medical Council and considers its implications for the future. Mr. Burke, relying on common law and the European Convention on Human Rights, succeeded in a challenge to the General Medical Council's Guidance on Withholding and Withdrawing Life-prolonging Treatment. He asserted his right to choose to be given treatment so as to live and condemned the Guidance as centred on the right to refuse treatment.