Consent In Children Flashcards
What legal frameworks underpin consent in children?
Children Act
UN convention on Rights of a Child
Sexual Offences Act
What does the UNCRC say about Consent in Children?
Best interests must be primary concern:
Right to life, survival, development
Protection rights - e.g. From kidnapping, child labour
Participatory rights - respect for view of the child - take into account in decision making
What does the Children Act say about consent in children?
Welfare of child is of paramount concern for any decision involving a child
How do the aims of protecting a Child’s rights/interest change as they become an adult?
Shift from Protection -> Participation -> Autonomy and Self-Determination
What does the Sexual Offence Act say about advising/treating children?
You are not aiding/abetting an offence towards a child if: Protecting from STI Protecting physical safety Preventing pregnancy Promoting wellbeing with advice
What does the GMC say about considerations when treating children?
Consider the views of child in assessment of their best interests
How is capacity in children measured?
Using Gillick competence guidelines
What does the GMC say affects capacity in children?
Physical and Emotional Development
Changes in health and treatment
Ability to understand and weigh up info
Not age, necessarily
What does a child need to demonstrate to be Gillick competent?
Intelligence
Maturity
Comprehension
When do the Fraser Guidelines apply?
Specifically to giving treatment/advice about contraception, abortions, STIs to children
What do the Fraser Guidelines say?
Can treat/advise if:
Girl can understand advice
Cannot persuade her to tell parents
Very likely to continue having sex
Physical/Mental health will suffer without advice/treatment
Her best interests require her to get advice
What are the rules on treatment/advice on sexual topics without parental knowledge?
You can give advice/treatment on sexual matters without parental knowledge/consent if Fraser Guidelines are followed
