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Glass v United Kingdom
Application no 61827/00, (2005) 8 CCLR 16
 
18.32Glass v United Kingdom Application no 61827/00, (2005) 8 CCLR 16
The imposition of treatment on a child in defiance of his mother’s interests and without seeking court relief was incompatible with Article 8 ECHR
Facts: hospital staff concluded that Mrs Glass’s child, who was severely disabled, was dying, that further intrusive treatment was not in his best interests and that if he suffered further respiratory failure he should not be resuscitated, but that morphine should be administered, to ease his suffering. Mrs Glass and her family strongly disagreed but the hospital proceeded as it had planned in any event.
Judgment: the ECtHR held that imposing treatment on the child in defiance of his mother’s objections amounted to an interference with his right to respect for his private life and physical integrity. On the facts, the situation was not so urgent that the hospital could not have applied to court for a best interests declaration and its failure to do so meant that its interference had not been ‘necessary’, so it was in breach of Article 8(2) ECHR. Damages of £10,000.00 were awarded to reflect the stress and anxiety suffered by the mother, as well as her feelings of powerlessness and frustration.
Glass v United Kingdom
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