European high court orders man starved to death

The European Court of Human Rights on Friday upheld a top French court’s decision to end 38-year-old Vincent Lambert’s intravenous hydration and feeding. The landmark ruling sets a legal precedent for the 47 nations belonging to the Council of Europe, that continent’s “leading human rights organization.”

In 2008, Lambert, a psychiatric nurse, was severely brain-damaged in a car accident. His wife and five of his siblings have sought to end his life, claiming he would not want to live in his condition. But Lambert’s parents and two other siblings have fought to keep him alive.

In 2005, France enacted the “Leonetti Law,” allowing the withdrawal of life support even for patients who are not terminally ill. In May 2013, after doctors removed Lambert’s feeding tube, his parents obtained a court order to restore their son’s food and hydration. The head doctor at the clinic where Lambert’s parents want to take him said Lambert has a minimal degree of consciousness that enables him to respond to some stimuli. But Lambert’s wife went back to court and won a ruling last year to end her husband’s life support. The June 5 decision by the European Court of Human Rights to allow Lambert to starve to death is final.

The case is reminiscent of the 15-year legal battle waged over the life of Terri Schiavo, who died on March 31, 2005, after 13 agonizing days without food or water. Bobby Schindler, Terri’s brother and executive director of the Terry Schiavo Hope and Life Network, said he’s “deeply disturbed” by the Lambert case.

“With proper care, there’s no telling whether or not he might recover,” Schindler said. “If Lambert is in good shape physically, it could take up to three weeks for him to die” once food and water are removed.

In March, the French parliament passed a “deep sleep” bill, co-authored by Jean Leonetti, allowing doctors to deeply sedate terminally ill patients until they die. The bill is expected to find support this summer in the French senate and from President François Hollande.

The United States may not be far behind. According to a report published by the National Right to Life Committee’s Robert Powell Center for Medical Ethics, laws in 38 states may allow hospitals and physicians to overrule a patient’s advanced directive calling for treatment, food, and fluids.