Ethics : Children & Young People Flashcards
State the age at which it is legally assumed that young people can make decisions about their care
16
what is the definition of children and young people
People under the age of 18 in England, Wales & Northern Ireland
People under the age of 16 in Scotland
who makes the decision if the child lacks capacity
Parents but decisions are constrained by best interests
of the child
If they are not seen to be making a decision that promotes the welfare of the child, then their wishes can be overridden
Parents - Jehovah’s Witnesses case
S was 4 ½ years old with T cell leukemia
Undergoing chemotherapy & blood transfusion would improve recovery
Parents refused (religious & safety reasons) Refusal overruled
Jodie & Mary, conjoined twins
If they remained together, they would both die
If separated, Jodie would live, Mary would die
Doctors wanted to act to separate, parents did not allow
High court, then court of appeal
Separation took place
Gillick competence
a young person under 16 with capacity to make any relevant decision is often referred to as being ‘Gillick competent
Key & lock analogy
Doctor needs only 1 key to unlock “consent”
3 keys potentially exist in the case of the mature minor:
Mature minor
Parents (right co-exists)
Courts
Hannah Jones (refusal of heart transplant after long term illness)
upheld and respected - parents agreed
Organ donation (living)
In Scotland, anyone under the age of 16 (competent or not) cannot be a living donor
Euthanasia
In the Netherlands, euthanasia is legal for those over the age of 12 (with permission of their parents) – the Dutch Paediatric Association has now called for age limit to be lifted altogether (June 2015)
Belgium lifted all age restrictions in 2014
flak jacket analogy
anyone who gives him a flak-jacket (ie. consent) may take it back, but the doctor only needs one and so long as he continues to have one he has the legal right to proceed.
