Principle Of Best Interests Research Articles

Clinical Research with Children: The European Legal Framework and its Implementation in French and Italian Law

According to the International Convention of the Rights of the Child, an improvement of the protection of the rights of children in Europe should be accomplished by inserting the principle of best interests and evolving capacities in the legal framework related to paediatric clinical research. In this article, an overview is given of the European legal framework governing clinical research on minors in a comparative approach. The lack of coordination between different International and European ethical/ legal statements and its impact on national legislations is evaluated by analyzing provisions that have been foreseen in Italy and in France as a result of the ratification/implementation process. A presentation of the perspectives of paediatric research in Europe is provided.

Child Custody in Jewish Law: From Authority of the Father to the Best Interest of the Child

The understanding of Jewish law of the legal rationale of the relationship between parent and child developed gradually. In the first stage, in ancient Jewish law, the dominant tendency was to affirm the authority of the Jewish father over the members of his family. During this period, the idea that parents have a natural responsibility to love their children, care for them and provide for their welfare was less transparent. The main purpose of the rules concerning the relationship between parents and children at this stage was the assertion of the rights and needs of the father of the family.1 Consequently, some of the regulations of ancient Jewish law regarding the relationship between parents and children were not necessarily focused on the best interest of the child and the ideological basis for the legal policy in the sphere of custody in the ancient period was somewhat vague.By contrast, during the second, medieval stage of development of Jewish law on the relationship between parents and children, the ancient supreme principle, of the father's authority over members of his family in all spheres including the sphere of custody of children, was largely replaced by an explicit rule in Jewish law: the best interest of the child is a paramount consideration. Indeed, we could say that the explicit implementation of the principle of best interest of the child in Jewish custody cases is a medieval invention, introduced by Jewish scholars at this period in their child custody verdicts. By contrast to the ancient period, the rules of custody, which had become fully defined at this stage, utilizing this principle, usually favored the mother.

Ethical and legal issues in behavioral interventions for treating challenging behavior

Results The use of behavioral treatments forms an important component of the management of individuals with ID and challenging behavior that prevents their integration into the community. Such interventions are useful in reducing the frequency and severity of challenging behaviors and the concomitant distress experienced by the individual and their carers. However the use of coercive treatment raises several ethical and medico-legal considerations particularly in relation to individuals who lack capacity. These include valid consent, capacity and the principle of best interest. Recent changes in UK legislation such as the Human Rights Act 2000 and the Mental Capacity Act have formalised the process that clinicians and other professionals must follow in order to make decisions for adults who lack capacity. However, this is not the situation with regard to children who lack capacity. Clinicians working with individuals below the age of majority are required to seek authority from differing sources including case law and best practice guidelines. Conclusion Practitioners as well as other caregivers are working within very complex theoretical and practical issues. In addition to this there are marked discrepancies in the literature relating to the use of coercive treatments in adults and children with ID that further contributes to the complexity. from WPA Thematic Conference. Coercive Treatment in Psychiatry: A Comprehensive Review Dresden, Germany. 6–8 June 2007

A philosophical discussion of end-of-life decision-making methods for incompetent patients.

This article provides an analysis of decision-making methods that can be used with incompetent patients (patients who are unable to make decisions for themselves). It is intended as a general discussion of the relevant issues rather than an examination of legal or policy concerns. The advance directive principle (whereby a person leaves instructions for what to do if they become unable to make their own decisions) is discussed with reference to practical and philosophical issues. Substituted judgement (where surrogate decision makers make decisions that the patient who is incompetent would make if competent) is then discussed followed by the principle of best interests, which requires consideration beyond purely medical interests. The need to make patient-centred quality-of-life judgements as a component of best interests decisions is argued. Conclusions reached include the notion that the advance directive principle and the substituted judgement principle facilitate the concept of self-determination. The best interests principle helps to ensure that patients ending up in this vulnerable position are protected.

The best interests of the child in the Swedish Aliens Act

According to the Swedish Aliens Act the best interests of the child should be considered in all cases regarding children. Drawing on an extensive investigation of case law, this paper analyses the impact of the principle of the best interests of the child on alien children's prospects of obtaining residence permits in Sweden. On a more theoretical level is discussed how the best interests of the child are construed in connection with residence permit decisions. It is suggested that the principle of the child's best interests is implemented, not as an open concept allowing for a holistic assessment of the individual child's situation, but rather as a traditional legal rule following the interpretations laid down foremost in Swedish travaux preparatoires.

Applying best interests to persistent vegetative state--a principled distortion?

"Best interests" is widely accepted as the appropriate foundation principle for medico-legal decisions concerning treatment withdrawal from patients in persistent vegetative state (PVS). Its application appears to progress logically from...