Part 2 of my essay focuses on the moral side of the Charlie Gard case , such as moral issues and moral theories. This part is also split up into 3 distinct parts, being the moral issues within the case, which moral theories have provided a foundation for the decision of the case, and finally which moral theories should the court ought to have used and why.
Moral Issues within the Case
The main moral issue within this case is the question of what is it that was in Charlies best interests. It is up to the judge to decide what was in Charlie’s best interests and to understand what this meant, the following quote from the case Wyatt v Portsmouth NHS Trust [2005] was used. “The judge must decide what is in the child's best interests. In making that decision, the welfare of the child is paramount, and the judge must look at the question from the assumed point of view of the patient … There is a strong presumption in favour of a course of action which …show more content…
The first being Utilitarianism, which essentially is aimed at providing the greatest happiness for the greatest number of people. In this case the greatest number of people is the many experts who came to the unanimous decision that the treatment was futile, and that withdrawal was in Charlie’s best interests. In the judge’s final decision, he agreed with the many experts rather than the child’s parents, who were the minority. Therefore, his decision was made on the foundations of utilitarianism as it provided the greatest happiness for the greatest number of people involved with the case. In addition, the moral theory of deontology is shown within Francis J’s final decision as he sided with the many medical experts that agreed that the treatment would not be in Charlie’s best interests or improve his quality of life. This showed that Charlie’s human dignity was