By John Morton

Charlie Gard died on July 28, 2017, from a rare genetic disease.  His parents had raised enough money to get a second opinion on whether he could be saved by undergoing experimental treatment in the United States.  When the hospital and courts said no way, like many others I was shocked by the decision.  How could a hospital and judge overrule the opinion of loving parents?  The parents appealed, but finally too much time had elapsed, and the American specialist said Charlie could not be saved.  The parents then announced they were dropping their appeal.  This case scares the hell out of me.

A deeper--and less emotional--analysis, however, reveals thorny ethical questions.  From my libertarian perspective, I view most rights as negative.  Negative freedom protects people against violence from others against their person, property, and acts, such as speech and religious practices that do not harm others.  I’m skeptical when the government limits these rights because throughout history governments have been the main violators of negative freedom.

Positive freedom is a different story.  It is the ability to achieve a full life such as pursuing a career and obtaining adequate food, housing, education, and health care.  There are more problems with positive freedom than with negative freedom.  If the state helps people, say, provides free education, then it must tax others to get the funds.  This limits negative freedom.  All too frequently, the promise of positive freedom leads to authoritarianism with the suspension of all rights.

In Charlie Gard’s case, his parents raised the money for a second opinion and his treatment.  Nevertheless, medical resources used for Charlie could not be used for other children (opportunity cost and positive freedom).

In conclusion, I come down on the side of Charlie’s parents.  They loved their son more than any hospital bureaucrat or judge could.  The state cannot suffer, mourn, or pray.  Getting treatment for Charlie would hardly bring down the British health care system.