3 - Medical Treatment—The Legal Rights of Children and Youth

Abstract

Publisher Summary This chapter explores the issues and goals of the youth rights movement and reviews the traditional and legal rights of parents relating to the health of their children as well as key judicial decisions. The chapter discusses the relationships among adolescents, parents, and government. The legal rights movement for children and youth is a unique American phenomenon. It represents only one component of a larger movement that has focused on the attitudes and beliefs about the social roles of all individuals. The chapter describes the role of health care professionals serving youth and provides recommendations to clinicians who deal with these complex issues. The reliance on medical judgment in determining the nature and extent of medical treatment of minors and the degree of parental involvement in those decisions have been upheld by the courts. The access of minors to certain medical treatments has been established. The laws respect their ability to decide for themselves while recognizing traditional legal and affectional prerogatives of parents. The Supreme Court appears open to decisions of states establishing guidelines for situations in which parental interference seems unwarranted or obstructive to beneficial medical procedures.