ABSTRACT

If the patient is an underage teenage girl, the English courts are likely to rule in favour of treatment if the outcome of non-treatment is death or serious organic damage being suffered by the girl (Re W; Re C); or if the child concerned has a history of bizarre behaviour (the South Glamorgan case) or going berserk (Re R). Similarly, if there is refusal of treatment in the case of a heart transplant, the English court will also probably rule in favour of the operation to save the life of the teenager. It would seem that there is, therefore, no ‘right to die’ as far as these kinds of teenagers are concerned. In addition, if there is an application to sustain the life of a handicapped newborn, the courts will probably decide to let the child die with dignity, depending on the severity of the handicap and the perceived quality of life that the child would have in being kept alive. This will be seen as acting in the best interests of the child in these circumstances.