Clinician Activism and Ethical Restraints in Providing Treatment: Preventive as Opposed to Reconstructive Approaches

1992 ◽  
Vol 29 (6) ◽  
pp. 571-574
Author(s):  
Howard M. Saal
Keyword(s):  
Health Professionals ◽  
Birth Defect ◽  
Treatment Decisions ◽  
Best Interests ◽  
Guidance And Counseling ◽  
Best Interest

There is seldom controversy when faced with treatment decisions for a child born with a birth defect. Occasionally, the situation arises in which a decision to withhold treatment must be made. Under most circumstances the responsibility for making such decisions rests with the child's parents or guardians, since it is generally felt that these individuals are the best advocates for the child's best interests. In order to make such difficult decisions, the parents are dependent upon the guidance and counseling of health professionals, especially the physicians most closely involved in each case. The ultimate decisions made by parents are dependent upon open and unambiguous communication with their children's clinicians as well as open communications among the caregivers themselves. The role of the clinician as an advocate for treatment and nontreatment of children is dependent upon clear unbiased communication and the desire to do what is in the best interest for each patient.

scholarly journals The Sexual Orientation of a Parent as a Factor when Considering Care

2017 ◽  
Vol 16 (3) ◽  
pp. 292
Author(s):  
Chantelle Feldhaus
Keyword(s):  
Sexual Orientation ◽  
International Law ◽  
Well Being ◽  
Best Interests ◽  
Best Interest ◽  
The Common ◽  
The Law ◽  
To Come ◽  
The Right

Section 28(2) of the Constitution states that a child's best interest is of paramount importance in every matter concerning the child.  Section 9 further provides that every person is considered equal before the law and has the right to equal protection and benefit of the law. Several grounds are listed relating to the unfair discrimination of persons, including their sexual orientation. The concept of care is incorporated in the Children's Act, and it entails a comprehensive description of parents' daily life regarding children and the powers and duties expected to ensure the general protection, well-being and best interests of the child. The aim of this contribution is to discuss the sexual orientation of a parent as a factor when considering care and the extent to which courts may give consideration to such a factor. The article will also address the question of whether or not the role of a parent's sexual orientation in determining the best interests of the child has changed since the common law concept of custody was replaced by the concept of care in the Children's Act. In this article, care and the best interests of the child will be discussed first. International law will be considered thereafter, followed by a discussion on the approach of our courts, pre- and post-1994, in order to come to a conclusion and make recommendations.

The Role of the Guardian in Determining the Best Interest of the Separated Child Seeking Asylum in Europe: A Comparative Analysis of Systems of Guardianship in Belgium, Ireland and the Netherlands

2014 ◽  
Vol 16 (4) ◽  
pp. 467-504 ◽  
Author(s):  
Samantha Arnold ◽  
Martine Goeman ◽  
Katja Fournier
Keyword(s):  
The Netherlands ◽  
Best Interests ◽  
Best Interest ◽  
Original Language ◽  
Common European Asylum System ◽  
The Common ◽  
Best Interest Principle ◽  
The Right ◽  
The Guardian

Separated children seeking asylum in Europe have the right to a representative, typically in the form of a guardian, and the right to have their best interests taken into account. These rights are articulated in the Council Directives and Regulations regulating the Common European Asylum System. The original language used around the time of developing the Common European Asylum System related to ‘harmonisation’. This article, therefore, looks at the level of harmonisation of the systems of guardianship, and the guardians’ responsibility to determine and promote the best interest, for separated children seeking asylum in Europe. The article begins by defining the guardian and the best interest principle and outlining the relevant law, which presently exists in Europe. Three case studies were chosen to provide current examples of the differences in practice in Europe, namely: Belgium, Ireland and the Netherlands. The question dealt with in this article is to what extent the three case study countries meet the minimum standards set out in European law in respect of guardianship and the best interests of separated children seeking asylum.

The Role of the Psychological Parent in the Dissolution of the Homosexual Relationship

2009 ◽  
Vol 10 (3) ◽  
pp. 133-148 ◽  
Author(s):  
Caroline L. Kinsey
Keyword(s):  
Best Interests ◽  
State Courts ◽  
State Court ◽  
Court Decisions ◽  
Best Interest ◽  
Biological Parent ◽  
Homosexual Relationship ◽  
Definition Of

This note analyzes the definition of the “psychological parent” in its application to the dissolved homosexual relationship. In urging state courts to render custodial decisions not solely on the basis of the parent's biological ties to the child, but also on the presence of a psychological relationship between the non-biological parent and the child in question, this note reviews conflicting state court decisions that discussed the doctrine of the “psychological parent” and determined whether a non-biological parent was fit to receive custody of his or her child once dissolution of the couple's relationship had occurred. United States state courts frequently rely upon the “best interests of the childl” standard when making custodial decisions. It is this author's position that the application of the “psychological parent” doctrine is what is in the “best interest of the child” when awarding custody to non-legal parents, and as such should be at the forefront of state court decisions before a determination of child custody is made.

The future role of the psychiatrist in Europe – a UEMS perspective

2014 ◽  
Vol 11 (01) ◽  
pp. 35-42
Author(s):  
M. Hermans
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
General Interest ◽  
Future Role ◽  
Personal Opinion ◽  
The Future ◽  
The Subject ◽  
The Many

SummaryThe author presents his personal opinion inviting to discussion on the possible future role of psychiatrists. His view is based upon the many contacts with psychiatrists all over Europe, academicians and everyday professionals, as well as the familiarity with the literature. The list of papers referred to is based upon (1) the general interest concerning the subject when representing ideas also worded elsewhere, (2) the accessibility to psychiatrists and mental health professionals in Germany, (3) being costless downloadable for non-subscribers and (4) for some geographic aspects (e.g. Belgium, Spain, Sweden) and the latest scientific issues, addressing some authors directly.

Preparing the Child for Productive Life

IJOHMN ◽  
2019 ◽  
Vol 5 (4) ◽  
pp. 16
Author(s):  
Stella Baindu Fortune Fortune
Keyword(s):  
Learner Control ◽  
Counseling Services ◽  
Guidance And Counseling ◽  
School Life ◽  
Productive Life ◽  
Know How ◽  
Physical Conditions ◽  
The Family ◽  
Genetic Endowment

The nature of children’s development is greatly influenced by the environmental conditions in which they are brought up. The amount of social stimulation which they receive is of particular importance, and even if physical conditions are adequate, an unstimulating environment which provides with little opportunity or need to experiment or solve problems will result in low level of achievement. Perhaps the most important aspect of the child’s social development is beyond the reach of the teacher. For the first very important aspect of the child’s development lies in the home. Genetic endowment and cultural level of the family, coupled with the actual physical conditions of the home will have decisive effect on the child’s development and will continue to influence him throughout his school life. These factors are inaccessible to be influenced by the teacher but it is as well for him to have them in mind in his dealings with pupils. In addition, he will need to know how he may most effectively change his pupils along the lives he considers to be the most appropriate. That is, he will seek out the most efficient ways of getting pupils learn for productive life in future. The topic under review will be approached from various fronts which include; The Sociological and Philosophical models; role of the school; Learners’ responsibility; role of the teacher; discipline and learner control; role of the parent; guidance and counseling services and conclusion.

Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code

2020 ◽  
Vol 26 (2) ◽  
pp. 150-156
Author(s):  
Aurelia Teodora Drăghici ◽  
Andrei Murgu ◽  
Teodor Bodoașcă
Keyword(s):  
Children's Rights ◽  
Civil Code ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Analysis ◽  
Best Interest ◽  
Regulation Of Law

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

Physical activity promotion in primary health care in Slovenia

2014 ◽  
Vol 62 (2) ◽  
Keyword(s):  
Physical Activity ◽  
Cardiovascular Disease ◽  
Health Promotion ◽  
Health Professionals ◽  
Healthy Lifestyle ◽  
Graduate Nurses ◽  
Primary Health ◽  
The Family ◽  
Prevention Of Cardiovascular Disease

In Slovenia, the role of general practitioners in counselling physical activity for prevention of cardiovascular disease (CVD) is well recognized. The role of general practitioners in advising healthy lifestyle for individuals who are at risk of developing CVD is formally defined in the National Program for Primary Prevention of Cardiovascular Disease, which has been running since 2001. Part of the program is counselling on healthy lifestyle including physical activity, performed in all health centres across the country. First a screening and medical examination is performed. In case of higher risk for CVD (>20%) the physician should give advice on the particular risk factor and direct patients to health-education centres, where they can participate in healthy lifestyle workshops lead by health professionals. Physicians and other health professionals who are involved in the implementation of prevention activities within the program need knowledge and skills that are crucial for successful counselling on healthy lifestyle. The educational program “basic education in health promotion and prevention of chronic non-communicable diseases in primary health care/family medicine” consists of two parts. The first part of the training is open to all health professionals working within the program. The second part is intended for health professionals working in health-education workshops. In the last few years a new family practice model has been introduced and disseminated. Some duties of the family physician, including health promotion and counselling, are being transferred to graduate nurses who become part of the family practice team. This new division of work undoubtedly brings many advantages, both in terms of the work organization, and of high-quality patient care. Nevertheless preventive action cannot be fully passed on to graduate nurses. Careful planning and education are needed to ensure a comprehensive approach in healthy life style counselling.

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