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European court refuses to hear UK boy's life-support case

LONDON (AP) 鈥 The European Court of Human Rights on Wednesday refused a request from the family of a comatose British boy to intervene and prevent his life-support treatment from being ended.
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Undated family handout photo of Archie Battersbee, whose parents have submitted an application to the European Court of Human Rights in a bid to postpone the withdrawal of his life support. The family of Archie Battersbee at the center of a life-support battle, says it has appealed to the European Court of Human Rights in a last-ditch bid to stop a hospital ending his treatment. Battersbee, 12, was found unconscious at home with a ligature over his head on April 7, and been in coma since then. (Hollie Dance via AP)

LONDON (AP) 鈥 The European Court of Human Rights on Wednesday refused a request from the family of a comatose British boy to intervene and prevent his life-support treatment from being ended.

Archie Battersbee, 12, was found unconscious at home with a ligature over his head on April 7. His parents believe he may have been taking part in an online challenge that went wrong.

Doctors believe Archie is brain-stem dead and say continued life-support treatment is not in his best interests.

His parents, Paul Battersbee and Hollie Dance, have fought unsuccessfully to get British courts to block the Royal London Hospital turning off the boy鈥檚 ventilator and stopping other interventions that are keeping him alive.

Dance said the family鈥檚 lawyers submitted an application to the Strasbourg, France-based European human rights court hours before the hospital planned to begin withdrawing Archie鈥檚 life support on Wednesday morning.

The court said it would not 鈥渋nterfere with the decisions of the national courts to allow the withdrawal of life-sustaining treatment from (Archie) to proceed."

Earlier, Dance said the family "will not give up on Archie until the end.鈥 She said the family was considering offers from Japan and Italy to treat Archie.

鈥淭here鈥檚 other countries that want to treat him and I think that he should be allowed to go," Dance said.

Speaking outside the hospital, Dance claimed the family was "up against the whole system.鈥

鈥淚 promised Arch, same with his dad, that we will fight till the bitter end, and that鈥檚 exactly what we鈥檙e going to do," she said.

The case is the latest in the U.K. that has pitted the judgment of doctors against the wishes of families. In several cases, including this one, the families have been backed by a religious pressure group, Christian Concern.

Under British law, it is common for courts to intervene when parents and doctors disagree on the treatment of a child. In such cases, the rights of the child take primacy over the parents鈥 right to decide what鈥檚 best for their offspring.

The U.K. Supreme Court said Tuesday that Archie had 鈥渘o prospect of any meaningful recovery,鈥 and even with continued treatment would die in the next few weeks from organ and heart failure. The judges agreed with a lower court that continuing treatment 鈥渟erves only to protract his death.鈥

Alistair Chesser, chief medical officer for Barts Health NHS Trust, which runs the hospital treating Archie, said life-support treatment would continue for now.

鈥淎s directed by the courts, we will work with the family to prepare for the withdrawal of treatment, but we will make no changes to Archie鈥檚 care until the outstanding legal issues are resolved," he said.

Jill Lawless, The Associated Press