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Saturday, June 6, 2015

Europe court backs France in quadriplegic right-to-die ruling

Yahoo – AFP, Cedric Simon, 5 June 2015

Vincent Lambert was left severely brain damaged and quadriplegic as a result
of a 2008 road accident (AFP Photo)

Strasbourg (France) (AFP) - Europe's rights court on Friday backed the decision of a French court to allow a man in a vegetative state to be taken off life support, in a ruling that could become a benchmark on the continent.

The fate of Vincent Lambert, 38, who was left a quadriplegic with severe brain damage after a 2008 road accident, has torn apart his family in a judicial tug-of-war over his right to die.

Viviane Lambert reacts after a hearing
 in the case of her son, Vincent (AFP
 Photo/Patrick Hertzog)
His parents and two siblings had appealed to the Strasbourg-based European Court of Human Rights in a desperate bid to stop doctors from withdrawing intravenous feeding after exhausting their legal options in France.

But the court voted 12 to five that a French court decision, which said Lambert should be allowed to die, did not violate European rights laws.

"It is a scandal, our son has been sentenced to death," said his mother Viviane Lambert, who wiped away tears as the ruling was handed down.

"We will stay by Vincent's side and keep on fighting."

The case pitted Lambert's mother against his wife who insists her husband -- a former psychiatric nurse -- would never have wanted to be kept alive artificially.

Legal tug-of-war

Even though the court ruled in her favour, wife Rachel said she was "devastated" by the decision.

"There is no relief or joy to express," she said, adding "we want his wishes to be fulfilled."

The legal drama began in January 2014, when Lambert's doctors, backed by his wife and six of his eight siblings, decided to stop the intravenous food and water keeping him alive in line with a 2005 passive euthanasia law in France.

Viviane Lambert (L) says her son is
 merely handicapped and any attempt to
 stop life-sustaining treatment would
 amount to "disguised euthanasia" (AFP
 Photo/Patrick Hertzog)
His deeply devout Catholic parents, half-brother and sister won a court application to stop the plan, calling it "akin to torture".

In an appeal, the French supreme administrative court, known as the State Council, ordered three doctors to draw up a report on Lambert's condition and in June 2014 ruled that withdrawing care from a person with no hope of recovery was lawful.

Lambert's parents then took the case to Europe's rights court which ruled the State Council decision was "the object of a thorough investigation where all points of view were expressed and all aspects weighed long and hard."

Lawmaker Jean Leonetti, who drew up France's passive euthanasia law, said up to 1,700 patients were in a similar situation to Vincent Lambert in the country and urged people to make "living wills" so their medical wishes would be clear.

While the decision relating to the contentious euthanasia debate is likely to have an impact across Europe, the bitter Lambert family battle is set to continue in France.

Parents to fight on

Rachel Lambert (C) looks on
 after the hearing in the case
 of her husband, Vincent
(AFP Photo/Patrick Hertzog)
Vincent's parents plan to seek a new medical decision as the doctor who was behind the initial decision to stop intravenous feeding is no longer employed at the medical unit where their son is being kept.

Medical experts have said Lambert is in an irreversible vegetative state.

But Viviane believes her son is showing signs of progress, including lifting his leg and swallowing, and just needs better care. His parents want him moved to a new medical facility.

Viviane's lawyer Jerome Triomphe urged the health ministry to allow the transfer of Lambert "so that those who want to take care of him can do so rather than leave him on death row at the wishes of whose who want to get rid of him."

Laurent Pettiti, the lawyer for Lambert's wife, said it was difficult to imagine "how an administrative judge could go against the decision of the European Court and State Council."

'Inhumane procedure'

In practice, once all legal avenues are exhausted, the palliative care unit where Lambert is being held will stop artificial nutrition and hydration and sedate Lambert to avoid discomfort and suffering.

Vincent Lambert is in an
irreversible vegetative state, 
according to medical experts
 (AFP Photo)
In such cases it can take between a week and 10 days for the patient to die.

The "Death with Dignity" association welcomed the ECHR ruling, but deplored the fact that euthanasia was not legal in France and could allow Lambert to avoid the "inhumane procedure."

Lambert's case ignited a fierce debate around euthanasia in France where it remains illegal despite recent efforts to ease legislation dealing with the terminally ill -- a campaign promise by President Francois Hollande.

In March, lawmakers voted overwhelmingly in favour of a law allowing medics to place terminally ill patients in a deep sleep until they die.

The law also makes "living wills" -- drafted by people who do not want to be kept alive artificially if they are too ill to decide -- legally binding on doctors.

Assisted suicide is legal in Switzerland, the Netherlands, Belgium and Luxembourg as well as in the US states of Vermont, Oregon and Washington.

Related Articles:

Top French court grants coma patient the right to die
French doctor acquitted of poisoning charges after giving lethal injections

Former doctor Nicolas Bonnemaison arrives at the courthouse
 of Pau, southwestern France before his acquittal. Photograph:
Jean-Pierre Muller/AFP/Getty Images

Belgian law on euthanasia for children, with no age limit, will be first in world

Europe split on right-to-die regulations

"... The Ethics of Life

You, as a Human Being, are designed to appreciate and love life. But you put it in a box. You think you live once. You say, life is precious; make it count; keep it going at all costs; make it work. And the underlying thought is that because you only go around one time, all the purpose is wrapped up in one lifetime. Well, I'm going to give you something to think about, something that happened just recently that tens of millions of people all over earth who have the western news media know of.

It was all about one woman's life, and you know who I'm talking about. I'm talking about Terri [Terri Schiavo]. And I'm going to talk about Terri because, you know, she's here [speaking of the real Terri]! And I'm going to give you a perspective about Terri that perhaps you hadn't thought about before, and as I do it, she's going to watch.

It's very metaphysical, you know? This perspective is one from my side of the veil. Terri leaned into the wind of birth many years ago, just as you did. I was there, too. There were potentials laying in front of her - a track that she could take if she wished. There was no predestination, only predispositions of energy that laid before her: the parents she would have (which she had selected), the man she might meet or marry, the accident waiting to happen. All of these things were in her "potential track," and she could have chosen not to go there.

But like so many of you, she looked at it and examined it. These were the times we spoke to her and said, "Dear one, you're going into another Human lifetime that has a potential that's awesome - grander than most Humans on the planet will ever experience. You'll get to present something to tens of millions of people. You'll make them think about life. You'll change the legal system of your country. You'll awaken peoples' awareness to situations that need to be addressed with respect to morality, integrity, and even intuition. Will you do it?"

And I remember what she said. The grand angel who stood before me, who you now call Terri, smiled broadly and said, "I'm ready for that." And some of you cry in your sorrow and say "Why is this Human dead? How could such a thing be tolerated? Why would such a thing happen? Life is so precious." And I ask you this, as Terri looks on in her joy, would you take this away from her? Would you take that away from humanity, what she showed and did that resulted directly in her passing?

Start thinking of these things, perhaps differently. We've told you before that there are even those Human Beings who come in with a predisposition of suicide! What a horrible thought, you might say. "Kryon, could that even be appropriate?" And we say this: More than appropriate, it's by design! "But why should that be?" You might say. "What a horrible dishonorable death." And if that's your reaction, you're placing the whole grand picture in your own little Human box.

When you start examining it spiritually, without Human bias, you start to see that around a suicide there's this energy that develops. It's all about the family. Is there shame? Is there drama? Does it kick the family in the pants so that perhaps they might study things they never did - or perhaps they might they even look within themselves for spirituality? Blessed is the one that comes in with these tasks [like suicide]. There are so many of them who do. For these are the grease of personal change within families, and provide a gift that is grand!

You see, Spirit looks at these things differently. The curtain goes up, it goes down. You come and you go and there are profound lessons, some of which are taught harshly, by those who teach them through their own deaths.

"Well, what is it Kryon? Don't dodge the question with a diversion to suicide, for this isn't what Terri did. Is it proper or is it improper to have somebody in this vegetative state put to death by others around her?" Our answer: Exactly which Human are you talking about? You want a blanket answer, don't you? For six and half billion souls and paths, you want one answer for all. Well, you won't get one. For Terri, the answer is a solid yes. It was as it should have been. She came in with this grand opportunity to change the world, and she did it while everyone watched.

There is appropriateness in all things and sometimes you create for yourselves what seems to be inappropriate. Yet later you understand what the gift was within the challenge. Celebrate Terri, and don't think of this as a shameful thing that Humans did to her. Think of it instead as a book that was written for you to look at, one which pushes you to a place to ask, "What should we do about this now, personally? What should our legislatures do about this, if anything? How can we approach these things more humanely and with more honor? Is our culture addressing this issue? Are we addressing this issue personally?" Let's put these questions where they belong. It's not about "right to life"; it's about the appropriateness of "this life." Each case is individual, and some are profoundly given for the planet and for those around the individual.

Oh, as all of you came into this planet and leaned into the wind of birth separately, each was unique. Each of you has a different story, a different goal, but all have the same purpose: the elevation of the vibration of the planet. Sometimes it happens to many of you at the same time. We'll get to that before we finish. ..."

"THE THREE WINDS" – Feb 23-24, 2013 (Kryon Channelling by Lee Carroll) (Subjects: Humanity, Home - other side of the veil, Wind of Birth - Birth, Wind of Existence - Life, Wind of Transition - Death) (Text version)

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