The document was sent to Geneva on May 7 by the Human Rights Sub-Directorate of the French Ministry of Foreign Affairs. In this six-page dissertation, consulted by La Croix, the French government intends to respond point by point to the United Nations Committee on the Rights of Persons with Disabilities (CRPD). An organ to which Vincent Lambert's parents appealed at the end of April for the hydration and artificial feeding of their son to be maintained, and who had asked on May 3 that this care should not be suspended while waiting to examine the matter. folder.
However, it is precisely this request that France intends to answer: all the arguments deployed throughout these six pages, tends to demonstrate that the government is not bound by the preliminary request of the CRPD. And come to this conclusion: "After a careful analysis of the situation, the Government informs the Committee that it is not in a position to implement the precautionary measure it has sent to it. "
In the document, the French government insists firstly on the non-binding nature of the requests of the UN committee. And it is by pressing on this point that the authors of this brief consider that "the decisions made provisionally", like that of the end of April concerning Vincent Lambert, can not be, either, "legally binding", unless 'a deep incoherence'.
The Defender of Rights will respond quickly to Vincent Lambert's parents
Then the document outlines the last stages of what has become over the years the "Lambert Affair". "The Government wishes to draw the attention of the Committee to the fact that the situation of Mr. Vincent Lambert has been the subject of a particularly close examination by the national courts, which have ruled on several occasions that the decision to discontinue treatment , including the feeding and moisturizing enteral Vincent Lambert, was consistent with the law, "reads in this text, whose authors also recall that the European Court of Human Rights ruled that interruption of care was in accordance with the law.
"All of these elements show that, in France, by virtue of the mechanisms laid down by law, the medical profession must ensure that, on the one hand, there is a right to the most appropriate treatment and care, as well as on the other hand, a right not to suffer unreasonable obstinacy, and that when the patient is unable to express his will, the medical profession must pursue a collegiate procedure ", summarizes the French government. Who says: "In this case, it is the procedure that has been followed and the decisions taken by the doctors to reconcile all these obligations have been the subject of careful checks by the domestic courts, in particular the Council of Europe. State, and the European Court of Human Rights, which have not found any illegality or "
One way for France to justify the refusal of intervention of the UN committee in the procedure: "In these conditions, continue the authors of the text, the questioning of the decision to stop treatments, by a new suspension which deprives the patient of the right to be free from unreasonable obstinacy is not an option. "
Vincent Lambert, a "singularly complex" subject
Three days after the report was submitted to the UN, the hospital informed Vincent Lambert's family on Friday (May 10th) of interrupting the young man's hydration and nutrition during the week of May 20th. A decision against which the former nurse's parents appealed to the Defender of Rights. the latter should take a decision on the case no later than 17 May.
(tagsToTranslate) Vincent Lambert case (t) Ethics (t) answered (t) Vincent (t) Lambert (t) France