Refusing permission to appeal a panel of three justices concluded that the Court of Appeal had “made the correct decision” in ruling that Archie’s life support should be removed.
Speaking after the last minute submission of their appeal to the ECHR Archie’s mother, Hollie Dance, said: “We are very relieved, we are having to battle every decision with the hospital. We now hope and pray that the ECHR will look favourably on the application. We will not give up on Archie until the end.”
Barts Health NHS Trust said it would be responding later on Wednesday morning to the decision by Archie’s parents to submit an appeal to the ECHR.
Archie’s family were also understood to have received offers from doctors abroad to treat their son, with Japanese medics saying they had techniques which might help the youngster improve.
Parents seek treatment options outside the UK
Mrs Dance said that she is now considering options that involve moving him outside of the UK.
His family have condemned the intervention of Health Secretary Steve Barclay, after Government lawyers submitted to the Supreme Court that the interim measures injunction issued by the United Nations Committee on the Rights of Persons with Disabilities (UN CRPD), which said Archie’s treatment should not be removed, are ‘not binding’ under international law.
They said that “the notion that interim measures are binding has not been accepted as a facet of customary international law. There is no such consensus. On the contrary, the status of the committees’ decisions is a subject of some controversy.”
The government has made these submissions despite the UK having joined the Optional Protocol to the Convention on the rights of persons with disabilities, which enabled the UN CRPD to ask the UK government to delay the withdrawal of life support while a complaint is investigated.
The family argued that stopping treatment would be in breach of the UK’s obligations under Articles 10 and 12 of the UN Convention on the Rights of People with Disabilities, and Article 6 of the UN Convention on the Rights of Children.
Archie’s family and legal team said on Wednesday that they wanted to emphasise that in June the Court of Appeal had overturned the finding that Archie is ‘brain-stem dead’, as no doctor was prepared to diagnose Archie as brain dead.
The original High Court ruling was believed to be the first time that someone had been declared ‘likely’ to be dead based on an MRI test.
Archie’s parents and lawyers say they have always acknowledged the severity of Archie’s injuries, but they have not given up hope and want him to have more time.