Legal Era Nov 2017 | Page 13

International Europe ANTI-TERRORISM BILL APPROVED BY FRANCE PARLIAMENT Friday, October 06, 2017 Through judicial approval, the police would have the authority to raid private property and restrain people’s movements if they suspected a threat to national security. Furthermore, no judiciary approval would be needed before shutting down places of worship or setting up security zones when there is an alleged threat to national security. On October 3, the lower house of the French parliament voted 415-127 to authorize an anti-terrorism bill that would increase police surveillance powers and allow authorities to close places of worship that are suspected of being a threat to national security. “The anti-terrorism law... will give the state only extraordinary powers of something that we don’t even have a proper definition of. This law will dismantle France,” said Yasser Louati, a leading French human rights and civil rights activist. Louati stated that the state of emergency for the past two years has not changed “anything in the country” and has proven to be “ineffective and insufficient”. United Kingdom WITHDRAWING LIFE SUPPORT SYSTEMS DO NOT NEED COURT PROCEEDINGS: UK COURT OF PROTECTION Wednesday, October 04, 2017 The UK Court of Protection has clarified that decisions to withdraw life support treatment to patients in Permanent Vegetative State (PVS) or Minimally Conscious State (MCS) need not always be taken with judicial approval. It was held that if the decision was taken on agreement between doctors and family members in accordance with the professional guidelines, Court intervention was not a mandatory requirement. The Court of Protection in the United Kingdom is created under the Mental Capacity Act, 2005 to determine issues pertaining to welfare and best interests of persons under mental incapacity. The Court was dealing with the case of a lady who was suffering from a rare neurological disorder called Huntington’s disease, which rendered her in a ‘Minimally Conscious State’. The Court proceedings were initiated for permission to withdraw the Clinically Assisted Nutrition and Hydration (CANH) given to the patie nt on the ground that it was not in her best interests to continue the treatment. After considering the testimonies of her mother, other family members and doctors, Justice Peter Jackson of the Court of Protection reached the conclusion that it was not in the patient’s best interest to continue the CANH, and permission was accorded to withdraw the same. The Court stated that a decision on such a matter should be guided by the following considerations under the Mental Capacity Act :- • Where a person is unable to make a decision for herself, there is an obligation to act in her best interests Read more: http://www.legaleraonline.com/news/withdrawing- life-support-systems-do-not-need-court-proceedings-uk-court- of-protection DISCLAIMER: It may be noted that the Legal Era edition publishes select news pieces collated from various sources, based not necessarily on their timeliness and topicality but their interest to you. www . legaleraonline . com | L egal E ra | N ovember 2017 13