Question
Statement of Jurisdiction and Facts of the case Mathis peters wishes to file complaint against Belgium with them the European Court of human rights. Belgium
Statement of Jurisdiction and Facts of the case
Mathis peters wishes to file complaint against Belgium with them the European Court of human rights. Belgium has been a party to the European convention on human rights since 1955, except the jurisdiction of the court Pursuant to article 19 at the convention. Mr. peters, his lawyers, and Belgium has submitted a compromis and agreed to the facts stipulated below.
Belgium law has permitted physician-assisted death since 2002 when it passed the euthanasia act. In 2014, Belgium amended the act to extend euthanasia rights to minors. Angela amended act, Niners me secrets in Asia when the experience a medically futile condition of consent and unbearable physical suffering that cannot be elevated and that will, within a short period of time, result in death. Since Belgium amended the act, physicians have facilitated euthanasia for multiple minors.
Lukas peters is nine years old. He has a son of Mathis and Emma peters. Emma and Mathis divorced a yearLukas peters is nine years old. He has a son of Mathis and Emma peters. I'm Mathis divorced a year Lukas was born,Lukas peters is nine years old. He has a son of Mathis and Emma peters. I'm Mathis divorced a year Lukas was born, and Mathis has remain in strangeLukas peters is nine years old. He has a son of Mathis and Emma peters. I'm Mathis divorced a year Lukas was born, and Mathis has remain and strange from Lukas and Emma since that time.Lukas peters is nine years old. He has a son of Mathis and Emma peters. I'm Mathis divorced a year Lukas was born, and Mathis has remain and strange from Lukas and Emma since that time. Lukas is aware of his father but does not know him.Lukas peters is nine years old. He has a son of Mathis and Emma peters. I'm Mathis divorced a year Lukas was born, and Mathis has remain and strange from Lukas and Emma since that time. Lukas is aware of his father but does not know him. Lukas was diagnosed with cystic fibrosisLukas peters is nine years old. He has a son of Mathis and Emma peters. I'm Mathis divorced a year Lukas was born, and Mathis has remain and strange from Lukas and Emma since that time. Lukas is aware of his father but does not know him. Lukas was diagnosed with cystic fibrosis shortly beforeLukas peters is nine years old. He has a son of Mathis and Emma peters. I'm Mathis divorced a year Lukas was born, and Mathis has remain and strange from Lukas and Emma since that time. Lukas is aware of his father but does not know him. Lukas was diagnosed with cystic fibrosis shortly before his second birthday. Since that time, Lukas has experience chronic indelibilityLukas peters is nine years old. He has a son of Mathis and Emma peters. Emma Mathis divorced a year Lukas was born, and Mathis has remain and strange from Lukas and Emma since that time. Lukas is aware of his father but does not know him. Lukas was diagnosed with cystic fibrosis shortly before his second birthday. Since that time, Lukas has experience chronic debilitating Long infections and severe digestive in bowel problems, including intestinal blockages and Gosselin's requiring multiple surgeries. Lukas suffers from chronic malnutrition and is also pre-diabetic as a result of the disease. Lukas has been hospitalized dozens of times, and has been unable to attend school since the age of six..
Lukas requested euthanasia, and has received support from his mother. Lukas indicates an awareness that he is dying from cystic fibrosis and that he would like to pass with dignity. Lukas and Emma has sought advice from for physicians. Three other positions indoors Lukas request for euthanasia, while one opposed to it. The identities other positions are sealed in accordance with Belgian law. In addition to medical endorsement, minor seek euthanasia require parental support. Emma peters has provided support,In addition to medical endorsement, minor seek euthanasia require parental support. Emma peters has provided support, whileIn addition to medical endorsement, minor seek euthanasia require parental support. Emma peters has provided support, while Mathis has withheld his.In addition to medical endorsement, minor seek euthanasia require parental support. Emma peters has provided support, while Mathis has withheld his. A municipal custody court in BrusselsIn addition to medical endorsement, minor seek euthanasia require parental support. Emma peters has provided support, while Mathis has withheld his. A municipal custody court in Brussels has it clear that Lukas does not need Mathis suppIn addition to medical endorsement, minor seek euthanasia require parental support. Emma peters has provided support, while Mathis has withheld his. A municipal custody court in Brussels has it clear that Lukas does not need Mathis support due to his estrangement from the family.In addition to medical endorsement, minor seek and euthanasia require parental support. Emma peters has provided support, while Mathis has withheld his. A municipal custody court in Brussels has it clear that Lukas does not need Mathis support due to his estrangement from the family. The core heads clear that Lukas situation satisfies the domestic lawIn addition to medical endorsement, minor seek and euthanasia require parental support. Emma peters has provided support, while Mathis has withheld his. A municipal custody court in Brussels has it clear that Lukas does not need Mathis support due to his estrangement from the family. The core heads are clear that Lukas situation satisfies the domestic law threshold for minor seeking euthanasia. Lukas is to receive a lethal dose of medication during a procedure scheduled in early May 2024.
Mathis his lawyers maintain that Lukas is too young to provide informed consent to euthanasia, that the nature of his illness does not satisfy Belgian law, and that the procedure is illegal in the essence of math is support as biological parent. Further, Mathis his lawyers argued that the procedure would constitute a violation of Lukas rights under the European Convention on Human Rights. I know I said devoted Catholic, Mathis further argues that euthanasia would violate his own rights as a parent, including the guarantees of religious liberty and conscience enshrined in the convention.
Mathis peters ask the court to issue a mandate to halt Lukas euthanasia procedure forthwith.
Role as: UN Office of the High Commissioner for Human Rights
Questions:
1. what other arguments could you say for Lukas
except for:
Right to Dignity and Autonomy: Lukas, despite his young age, has expressed a clear understanding of his condition and a desire to die with dignity. His request for euthanasia could be seen as an exercise of his autonomy and right to dignity, both of which are protected under the European Convention on Human Rights (ECHR).
Best Interest of the Child: The United Nations Convention on the Rights of the Child (UNCRC) stipulates that the best interests of the child should be a primary consideration in all actions concerning children. Given Lukas's chronic and debilitating condition, it could be argued that euthanasia is in his best interest to prevent further suffering.
Medical Endorsement: Three out of four physicians consulted have endorsed Lukas's request for euthanasia. This medical consensus could be seen as a validation of Lukas's request and an affirmation that his condition meets the criteria set out in Belgian law.
Parental Support: Lukas's mother, Emma, supports his decision. Given that Mathis has been estranged from the family, it could be argued that Emma's opinion should carry more weight in this matter.
Legal Compliance: The Belgian law permits euthanasia for minors under certain conditions, which Lukas appears to meet. The municipal custody court in Brussels has also clarified that Lukas does not need Mathis's support due to his estrangement from the family.
Right to Freedom from Inhuman or Degrading Treatment: Article 3 of the ECHR prohibits inhuman or degrading treatment.
Right to Life: Article 2 of the ECHR protects the right to life. While this is often interpreted as a prohibition on unlawful killing, it could also be argued that it encompasses a right to die under certain circumstances. In Lukas's case, his severe and incurable illness could be seen as such a circumstance.
Right to Private and Family Life: Article 8 of the ECHR protects the right to respect for private and family life. This could be interpreted as including the right to make deeply personal decisions about one's own body and life, including the decision to die.
Right to Freedom of Thought, Conscience, and Religion: Article 9 of the ECHR protects the right to freedom of thought, conscience, and religion. This could be interpreted as including the right to make decisions based on one's own beliefs and values, including the decision to seek euthanasia.
Right to Non-Discrimination: Article 14 of the ECHR prohibits discrimination in the enjoyment of the rights and freedoms set forth in the Convention. It could be argued that denying Lukas the right to euthanasia because of his age would constitute discrimination.
Right to Effective Remedy: Article 13 of the ECHR guarantees the right to an effective remedy for violations of the rights and freedoms set forth in the Convention. If Lukas's rights under the Convention are being violated by the denial of his request for euthanasia, he could be entitled to a remedy.
Right to Health: The International Covenant on Economic, Social and Cultural Rights (ICESCR) recognizes the right to the highest attainable standard of health. This could be interpreted as including the right to make decisions that affect one's health, including the decision to seek euthanasia.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started