Abstract
Society has a need for children to be able to make health care decisions. Homeless children need access to health care. Parents may not be accessible or competent to consent to their child's health care. The familial relationship may have broken down. Children may not want their parents to know about drug, alcohol or pregnancy related issues. There is legal and academic support for the right of children to make autonomous decisions with respect to their health care. However, what these decisions cover and who can make them is not clear.
Highlights
Society has a need for children to be able to make health care decisions.[1]
The conclusions reached in this paper apply to both consent and refusal of medical treatment by ‘Gillick competent’ children
The Consent to Medical Treatment and Palliative Care Act 1995 (SA) treats decisions about medical treatment made by children 16 years and over as if they were an adult.[19]
Summary
Society has a need for children to be able to make health care decisions.[1]. Homeless children need access to health care. Hannah had undergone over 20 major operations and had been close to death on many occasions She wanted to die with dignity at home with family and friends at her side.[8] Should this child’s decision be respected or should all attempts be made to protect her life?9. The writer can see no reason why, if the court applies the parens patriae jurisdiction to refusal of treatment, it would not do the same for consent On this basis, the conclusions reached in this paper apply to both consent and refusal of medical treatment by ‘Gillick competent’ children. The main focus of this paper involves an exploration and analysis of the parens patriae jurisdiction and the extent of its application to medical decisions made by ‘Gillick competent’ children. Not all jurisdictions rely on the common law test of ‘Gillick competence.’ Some jurisdictions have passed legislation facilitating the ability of children to consent to medical treatment
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
