European judges have dismissed a British’s couple’s 11th-hour bid to stop doctors withdrawing their one-year-old son’s life support.
Isaiah Haastrup has been on life support since birth after suffering catastrophic brain caused by a lack of oxygen when he was born.
His parents Lanre Haastrup and Takesha Thomas, both 36, of Peckham, south east London, had two UK judges reject their bid to keep him alive – despite doctor recommendations further care would not be in his best interests.
As a ‘last resort’ they went to the European Court of Human Rights, but were told yesterday their appeal had been dismissed. Isaiah’s life support is due to be withdrawn today.
Lanre Haastrup (left) and Takesha Thomas (right), 36, of Peckham, south east London have been told their son Isaiah’s life support will be turned off today
The couple say judges in Strasbourg, France, have ‘decided to abandon justice’ when considering their son’s case.
An ECHR spokesman said yesterday three judges had looked at the case and declared the couple’s application ‘inadmissible’.
But today, hours before his son’s life support was due to be turned off, Mr Haastrup insisted judges have not listened to their arguments properly.
He slammed the judge’s decision, telling The Guardian: ‘Surely, this is not sufficient to say our goodbyes to our son; we would require a reasonable period to spend with Isaiah.’
Isaiah (pictured with his aunt Dahila Thomas) has been on life support since birth after suffering catastrophic brain caused by a lack of oxygen when he was born
He added: ‘The ECHR decided to abandon justice and instead prioritised the fierce urgency of killing Isaiah.
‘We were not given the opportunity to present our case which we were entitled.’
He said the ECHR had ‘demonstrated’ that it was ‘little more than a figurehead’.
‘No thorough reasons for their decision [were given], which suggested that the court was not fair-minded and going by its judgment, does not need to hear us before dismissing our case,’ he added.
‘Therefore, we are disappointed with the ECHR not for the dismissal but for the failure to hear our argument before the dismissal, particularly as the ECHR is the court of last resort.’
As a ‘last resort’ Mr Haastrup (left) and Miss Thomas (right) went to the European Court of Human Rights, but were told yesterday their appeal had been dismissed. Isaiah’s life support is due to be withdrawn today
The couple (pictured) say judges in Strasbourg, France, have ‘decided to abandon justice’ when considering their son’s case
An ECHR spokesman said judges had treated the case as ‘urgent’, and added: ‘In the light of all the material in its possession and in so far as the matters complained of were within its competence, the court found that they did not disclose any appearance of a violation of the rights and freedoms set out in the convention or its protocols.’
Originally, a High Court judge in London had given doctors permission to provide only palliative care to Isaiah against the wishes of Mr Haastrup and Miss Thomas.
Mr Justice MacDonald analysed evidence at hearings in the Family Division of the High Court in January.
Specialists at King’s College Hospital in London had said providing further intensive care treatment was futile and not in Isaiah’s best interests.
Following that Mr Haastrup and Miss Thomas then failed to persuade Court of Appeal judges to overturn Mr Justice MacDonald’s decision.
They made a written application to the ECHR as a ‘last resort’.
Speaking outside court, Isaiah’s father Lanre spoke out about his disappointment at the decision
In February, Mr Haastrup shared a video of his son in hospital on Facebook asking people to share it and let the world know about Isaiah.
Kings College hospital in London, where Isaiah has been his whole life, refused to comment on the exact timing of his extubation, due to patient confidentiality.
A letter explaining Isaiah’s life support will be turned off today urged the couple to spend time with him beforehand, but their attendance ‘was not essential’.
His parents still insist they have not been given enough time to say goodbye to their son and want to arrange plans for end of life care.
A spokesman for the hospital told The Guardian: ‘The decision to apply to the court to move Isaiah to palliative care was not taken lightly.
‘We consulted five medical experts who unanimously agreed with our application and throughout we have actively sought to involve both parents.
‘Now we must focus on doing what is best for Isaiah and will continue to offer every support to both parents.’
PARENTS’ FIGHT FOR BABY ISAIAH
Isaiah was born at King’s College Hospital in London last February and suffered brain damage after a medical emergency meant he was deprived of oxygen during his birth.
His mother Takesha Thomas had to undergo an emergency Caesarean after her womb ruptured, and Isaiah was delivered with no heartbeat and not breathing and had to be resuscitated.
An expert paediatric neurologist said he was ‘as near to death as it is possible to get’ and the High Court heard the lack of oxygen caused a ‘catastrophic’ level of brain damage which left him profoundly disabled.
Doctors said he needed a ventilator to breathe, could not move independently or respond to stimulus and had a ‘low level of consciousness’.
Isaiah Haastrup’s father Lanre Haastrup and mother Takesha Thomas leave the Royal Courts of Justice, London
If he had any awareness of pain or pleasure he was likely to be experiencing pain, the court was told.
Doctors suggested taking him off life support six days after his birth, after tests revealed the damage to his brain.
Miss Thomas, 36, told the court she accepted Isaiah was severely disabled but insisted she was willing to care for him for the rest of his life.
She told the court her faith as a Pentecostal Christian meant she believed God should decide who lived or died.
She said Isaiah responded to her voice and touch, and to his favourite cuddly toy or cartoons.
Isaiah has remained on life support at King’s College Hospital and a judge previously said there had been a breakdown in trust between the parents and his medical team.
Mr Haastrup, a lawyer, said Isaiah’s brain damage was the fault of medical failings during his birth and the family launched a separate legal action against the hospital for alleged clinical negligence.