The parents asked the judge to suspend the interruption of care pending the examination of a complaint lodged before the International Committee on the Rights of Persons with Disabilities (CIDPH) under the Office of the High Commissioner for Human Rights of ONU.
The applicants relied on "the serious and manifestly unlawful interference with the right to respect for life and the right to effective remedy, which constitute fundamental freedoms".
"Coup de force of the State"
The judge of the interim measures "considered that the right to an effective remedy was out of the question, since the committee of the rights of the handicapped persons, which is not a national authority, does not constitute a jurisdiction", according to a statement of the court .
"We are unfortunately not surprised," responded in a statement parents' lawyers, Jean Paillot and Jerome Triomphe, denouncing "a coup by the state" and "a clear violation of the law."
Vincent Lambert, what France has answered to the UN
"The arguments put forward by the administrative court are totally contested in the light of international law and international jurisprudence, for which such provisional measures are binding on every State and their courts, which are bound to apply international conventions," they say. .
Vincent Lambert's treating doctor announced Friday the family the interruption of treatments from May 20 of this former psychiatric nurse in a vegetative state at the University Hospital of Reims.
Rejection of the application by the ECHR
On April 24th, the Council of State had judged in conformity with the law the collegial decision of stop of care, taken on April 9th, 2018 by the CHU of Reims to put an end to a "therapeutic obstinacy" but disputed by a part of the family .
Vincent Lambert, a "singularly complex" subject
Following this decision, the parents of Vincent Lambert, Catholics fiercely opposed to passive euthanasia, filed an appeal before the European Court of Human Rights (ECHR) and the International Committee for the Protection of the Rights of Persons with Disabilities. (ICRPD). They also announced that they had seized the Defender of Rights.
The ECHR rejected their request, but the CIDPH asked France to suspend any decision to stop treatment, pending a hearing on the merits. Health Minister Agnès Buzyn said that France would respond to the committee's request, but that it was not legally bound to respect it.
To read: "Monsieur Vincent Lambert" and us: let no one take tragedy!
The administrative court also noted that the French government "had no obligation to respect" a request from this committee.
He concluded that "the implementation, without waiting for this examination, of the procedure of stopping of care, does not constitute an obviously unlawful attack on the right to respect for life".
. (tagsToTranslate) case Vincent Lambert (t) Administrative Ethics (t) court (t) Vincent (t) Lambert (t) rejects (t) appeal (t) parents (t) Paris