Reference no: EM133226099

Dina has spent all her life as a Portuguese school teacher. She retired ten years ago when she began to suspect that she was suffering from depression. Dina has always been a chain smoker. After retirement, Dina, who has never married and never had children, sold her home and moved into a Nursing Home.

Dina has lived at this Nursing facility for nine years where she has slipped into what her doctor agrees is Alzheimer's disease. She appeared to be initially very happy at this home. Before Dementia progressed, she was a very bubbly lady who could be found wherever a group had gathered. But the progression of her condition has been relentless, and Dina has become more withdrawn. She was smoking more than usual now.

It's been noted lately that Dina has been spending more time in her room, communicating with very few words. Within the last week, the Nursing Home staff began noticing a behavioral change in her. Dina was no longer found sitting in her chair smoking when she was in her room; she was spending more time in bed, complaining of being "tired". She was also eating less, often reluctant to go to the dining room. She never requested to have her cigarettes. She appeared paler than usual

The manager at the Nursing Home became alarmed and after consulting with her staff it was decided that Dina is transferred to a hospital facility for clinical investigations. Numerous blood tests and scans at the hospital showed that her platelet blood count is abnormally low and her spleen was malfunctioning (scan showed metastasis tumor). The complexity of her case meant that Dina needed urgent medical intervention.

This decision was communicated to her only living brother, named as her legal representative and he gave his consent. Dina has been in the hospital for six days now and it is clear she is receiving the appropriate treatment. She has requested to smoke but has been ignored on numerous occasions. She is receiving supplemental nutrition through IV Fluids, but this has resulted in swelling in her arm making it twice its normal size and it is painful.

Subsequently, Dina became hypotensive and went into septic shock. She was transferred to the Intensive Care Unit (ICU), but her condition deteriorated. Two days later, after discussions with the ICU staff and Dina's brother, it was agreed that she is moved from the ICU. Dina was diagnosed with irreversible brain damage and has since then been in a state of minimal consciousness and a persistent vegetative state. The hospital and attending physician consider discontinuing life-prolonging measures so that Dina will die. Dina's brother disagrees and refuses authorization to abort life-support measures.

Questions

What is the legal position of Dina's brother in this case, according to international human rights law?

What will be the complaint of Dina's brother lodged with the Court? Please explain your answer

What will be the decision of the European Court of Human Rights? Please, argue the outcome