Resolution CM/ ResDH (2011)174 [1]

Execution of the judgment of the European Court of Human Rights

Glass against the United Kingdom

(Application No. 61827/00, judgment of 9 March 2004, final on 9 June 2004)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the administration of medical treatment in 1998 to a child with mental and physical disabilities, without the consent of his mother who was the child ’ s legal proxy, and without having had recourse to a court to decide what was in the best interests of the child (violation of Article 8) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicants the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to clos e the examination of this case.

Appendix to Resolution CM/ ResDH (2011)174

Information about the measures to comply with the judgment in the case of

Glass against the United Kingdom

Introductory case summary

The case concerns the administration of medical treatment in 1998 to a child with mental and physical disabilities, without the consent of his mother who was the child ’ s legal proxy, and without having had recourse to a court to decide what was in the best interests of the child (violation of Article 8). The medical treatment in question involved the administration of diamorphine to alleviate stress for the applicant, a treatment dispended against the wishes of the child ’ s mother, the second applicant.

The European Court considered that the decision of the hospital staff to impose treatment on the child in defiance of his mother ’ s objections gave rise to an interference with his right to respect for his private life, and in particular his right to physical integrity, which was not necessary in a democratic society.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

10000 EUR

15000 EUR

25000 EUR

Paid on 11/08/2004

b) Individual measures

The European Court awarded just satisfaction in respect of the non-pecuniary damage sustained in the case . Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

In April 2005, the then Chief Executive of the National Health Service wrote to all Chief Executives drawing their attention to the judgment, reminding them of the United Kingdom framework and the circumstances in which doctors need to seek the intervention of the courts in the event of parental objections to proposed treatment.

In addition, in 2009 the United Kingdom authorities issued a revised and updated version of the “Reference Guide to Consent for Examination or Treatment”, initially published in November 2001, reaffirming that consent must be obtained before administering medical treatment and stating that in the case of minors and adults without legal capacity, that a parent or a person authorised under a Lasting Power of Attorney must provide consent. Furthermore, it also states that where necessary, the courts may overrule the refusal to medical treatment by a person with parental responsibility.

The judgment of the European Court has been published in the European Human Rights Reports at (2004) 39 EHRR 15

III. Conclusions of the respondent state

The government considers that the measures adopted have remedied the consequences for the applicants of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that the United Kingdom have thus complied with their obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies