scholarly journals The Child’s Autonomy in Decision-making on Medical Treatment: Theoretical Considerations

2020 ◽  
Vol 29 ◽  
pp. 124-132
Author(s):  
Kristi Paron

The article examines the theoretical and normative context of a child’s autonomous decision making in health care. Neither the United Nations Convention on the Rights of the Child nor the general comments of the Committee on the Rights of the Child state criteria for regarding a child to be competent for such decision-making. The key issue in the debate over children’s informed consent to medical interventions is that of competence. The author analyses competence through the lens of Archard’s division of rational autonomy into rationality, maturity, and independence. These three elements could guide health-care practitioners who need to assess the capacity of a child to consent.

Author(s):  
Fennell Phil

This chapter examines Article 15 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which prohibits torture and cruel, inhuman, or degrading treatment or punishment (CIDTP), irrespective of the circumstances and the victim’s behaviour. Article 15 rights overlap with rights under other CRPD articles, including the right to legal capacity on an equal basis with others under Article 12; the right to liberty and security under Article 14; the right to protection against violence, exploitation and abuse under Article 16; the right to physical and mental integrity under Article 17 and; the right to health care on an equal basis with others and based on informed consent under Article 25.


Youth Justice ◽  
2020 ◽  
pp. 147322542094159
Author(s):  
Hannah Smithson ◽  
Paul Gray ◽  
Anna Jones

This article presents the findings from a pioneering project between a university and 10 regional youth justice services. The project resulted in the co-production, with young people, of a framework of principles termed ‘Participatory Youth Practice’ (PYP). The benefits and challenges of producing PYP are discussed. We argue that the framework – grounded in Article 12 of the United Nations Convention on the Rights of the Child and ‘child first, offender second’ principles – is a formative step in the process of creating a youth justice system that respects and acknowledges children and young people’s rights and enables them to meaningfully participate in decision-making processes.


2012 ◽  
Vol 20 (1) ◽  
pp. 122-140 ◽  
Author(s):  
Hans E. Andersson

It is a contested issue to what extent international conventions on human rights actually constrain states. While earlier shown that courts may invoke international conventions, this article investigates to what extent legislators, when it comes to migration, are similarly restrained. In a context where the trend is that states limit immigration and curb asylum seekers and undocumented immigrants’ social rights, the answer would seem to be that states are obviously unhampered. However, in Sweden there have been changes to the Swedish Aliens Act and to the entitlement to health care which have rather safeguarded asylum seeking and undocumented children’s situation. This article discusses the role that the United Nations Convention on the Rights of the Child (CRC) has played in this development and considers whether this has restrained Sweden’s ability to act.


Birth ◽  
2021 ◽  
Author(s):  
Sarah Munro ◽  
Elizabeth S. Wilcox ◽  
Leah K. Lambert ◽  
Monica Norena ◽  
Sarah Kaufman ◽  
...  

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