Archie Battersbee's Family Denied Permission To Take Case To The UN
Daisy Phillipson
Featured Image Credit: PA Images/Alamy Stock Photo/SWNS
Archie Battersbee's family have been denied permission to take their case to the UN by the Court of Appeal.
The court upheld a previous decision made by the High Court to withdraw life support treatment for the 12-year-old.
The young teen has replied on mechanical ventilation since 7 April when he was taken to hospital after being found unconscious at his family home in Southend, Essex.
He remains in a comatose state after suffering 'catastrophic' brain injuries during a suspected online challenge gone wrong.
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Archie’s parents - Hollie Dance and Paul Battersbee - launched an appeal after a High Court judge ruled that the doctors treating Archie could lawfully stop treatment following recommendations from medical professionals.
Three Court of Appeal judges - Sir Andrew McFarlane, Lady Justice King and Lord Justice Peter Jackson - finished hearing arguments about whether further treatment would be in his best interests last Friday (22 July) before delivering their ruling on Monday (25 July).
The family were given 48 hours to make a decision over their next step, but immediately after the announcement, their lawyer indicated they would be appealing to the European court.
Archie's relatives continue to fight against the decision for his treatment to be withdrawn, arguing that it breaches Articles 10 and 12 of the UN Convention on the Rights of People with Disabilities, as well as Article 6 of the UN Convention on the Rights of Children.
These obligations say states must recognise the right to life for those with disabilities and children, and take all necessary measures to ensure equal rights for all groups.
After Archie was found unconscious by his mum at his home, the youngster was rushed to hospital where he received treatment.
Doctors at the Royal London Hospital in Whitechapel, east London, now believe it was 'highly likely' he was 'brain-stem dead' after an MRI scan was completed.
However, Hollie believes her 12-year-old son has been trying to breathe on his own, with the Christian Legal Centre - who are supporting Archie's family - sharing a supporting clip on their website on Monday.
This week, Archie's father Paul was rushed to hospital before Monday's court ruling, having fallen ill outside of court before the start of the hearing.
Barrister Edward Devereux QC, leading the legal team for Archie’s parents, had asked for the ruling to be adjourned.
He told judges that Mr Battersbee, who is in his 50s, had been taken to hospital and was feared to have suffered a heart attack or stroke.
Despite the incident, appeal judges refused to adjourn the ruling. A spokesman for the Christian Legal Centre has since told the PA news agency that Archie's dad has now left hospital.