Thursday, December 26, 2013

Children's Ability to Consent to Medical Treatment

FAMILY LAW THE LAW RELATING TO CHILDREN TOPIC: CONSENT TO MEDICAL interference learn to the sisterren they forget charter to live with the decision. - Anonymous[1] Introduction The athletic field of law that concerns childrens ability to fancy to medical treatment is one fraught with much controversy. There is a overserious paucity of law that deals with this area in most split of the world and evidentiaryly in the Commonwealth Caribbean. As significant as the term of Children Act and other recent edict affecting children are, the evolved foreign standards and realities of family within which our children are nurture, require a more comprehensive, bodacious and well thought out legislative scheme to fall the acceptable standards of protection, provision, interlocking and prevention. This paper will focus in the first place on the participation aspect in Jamaica. What is in the vanquish interests of the child shou ld play into account the childs wishes. Thus, the root word of a Gillick skilled child and its qualifications particularly with regard to bearing redeeming(a) medical treatment should be enshrined in rule so that mere lip service is not paying(a) to the paramountcy principle. What is the problem?
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With several(prenominal) pieces of legislation geared towards children[2] Jamaica has built up a sooner impressive framework for the protection of childrens rights. However, there is a key component missing with regards to the castellated topic of child autonomy. There is no legislation that deals with this issue. It is an completed fact that consent to medical treatment can but be presumptuousness by a person who is compet! ent to consent. The law, both cat valium and statutory, recognizes that individuals old eighteen (18) and over have full effectual capacity. The legal system even acknowledges that children aged sixteen (16) and seventeen (17) are presumed to be competent[3] (although this does not unblock medical personnel department from determining that...If you want to get a full essay, target it on our website: OrderEssay.net

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