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Covid-19: Woman with terminal cancer should be released from care home to die with family, says judge

BMJ 2020; 369 doi: (Published 06 May 2020) Cite this as: BMJ 2020;369:m1853
  1. Clare Dyer
  1. The BMJ

A High Court judge has ruled that an elderly woman with terminal cancer should be released immediately from a care home to die surrounded by her family.1

The Court of Protection judgment comes at a time when visitors are banned from care homes for fear of infection by covid-19, and many residents face the prospect of dying without their families.

Mrs Justice Lieven ruled, although she could find no case law to say so, that the right to die with one’s loved ones was covered by article 8 of the European Convention on Human Rights, the right to a private and family life.

“The ability to die with one’s family and loved ones …

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