Parental and Governmental Authority in Medical Decisions: The Tragic Case of Charlie Gard

Much ink has been spilled debating whether or not further experimental treatment would be in the best interests of Charlie Gard. That debate is important and worthwhile. But it is not, in fact, the central question at issue in this case. Rather, the central question is: Who has the authority to make this controversial medical decision on Charlie’s behalf? The doctors at Ormond Street Hospital? The British courts? Or Charlie’s parents?

All three parties have some legitimate stake in the case. Like all medical professionals, Charlie’s doctors have the right to refuse to provide medical treatment to which they have a conscientious objection. Therefore, if they believe that further treatment for Charlie’s rare mitochondrial disorder would be unethical because his condition has deteriorated to the point at which it would only prolong Charlie’s suffering, they should not be forced to provide it. Yet in this case the British doctors are not only refusing to provide the requested treatment themselves; they also are seeking to prevent Charlie from receiving treatment from other doctors willing to provide it. They had no real right, therefore—at least from an ethical rather than legal perspective—to take the issue to court in the first place.

The state is charged with promoting the public good, which includes a responsibility to protect children from abuse and neglect. Yet giving further treatment to Charlie Gard presents no direct threat to the public good—not even economically, since the parents have raised the funds to pay for the treatment. Further, there is no question here of abuse or neglect. Indeed, the High Court went out of its way to praise Charlie’s parents, Connie Yates and Chris Gard, for their exceptional commitment and devotion to their son.

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