scholarly journals Children’s autonomy in medical decision-making

JAHR ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 171-180
Author(s):  
Michael Cheng-tek Tai

Should children be allowed to express their opinion in regards to medical treatment or experiment? In the past, the practice seemed to assume that children are not matured enough to make decision affecting their well-being, their guardians therefore are given the power to decide for them. In this article the author will argue that this practice should be changed and children should be allowed to get involved. The author quoted findings of Grootens-Wiegers P., Hein I. M., van den Broek J. M. and de Vires M. C. in regards to children’s ability from developmental and neuroscientific aspects that children actually start knowing their like, dislike, good and bad… from a very young age. Though these processes are gradual, the finding tells us that children are not as immature as we used to think. The author thus argues that children’s autonomy must be respected in some way when medical decision is to be made. At least, they must be told what options are available and seek their opinion.

Author(s):  
Jason Weiner ◽  

Determining appropriate care for patients who cannot speak for themselves is one of the most challenging issues in contemporary healthcare and medical decision-making. While there has been much discussion relating to patients who left some sort of instructions, such as an advance directive, or have someone to speak on their behalf, less has been written on caring for patients who have nobody at all available to speak for them. It is thus crucial to develop clear and rigorous guidelines to properly care for these patients. The Jewish tradition offers an important perspective on caring for unrepresented patients and determining approaches to guide care providers. This article develops an understanding of fundamental Jewish principles that can provide clear guidance in navigating this challenge. It applies those values to a specific set of suggested behaviors, one of which adds a novel ritualized component to what has been recommended by bioethicists in the past.


Author(s):  
Hanhui XU

LANGUAGE NOTE | Document text in Chinese; abstract also in English.儒家家庭本位思想對於中國傳統社會有著極其深刻的影響,而這種影響直到今天仍然發揮著巨大的作用,並由此形成了中國特有的社會結構和家庭觀念。在中國家庭中,家庭成員之間的關係更加密切,遇到重大事情,往往會由家庭成員共同做出決定。由於這種特殊的文化氛圍,在臨床決定的時候,應該用家庭共同決定代替個人自主決定,這種模式既能保障個人權利,維護個人利益,同時也是尊重家庭決定,營造和諧的家庭關係。Family involvement in medical decision making is a common practice in China due to the influence of Confucianism, which emphasizes the family as an organic unit. Instead of speaking of the individual’s right to choose and make a decision, the Confucian model for “informed consent” calls for “family co-decision making” or “co-determination.” The essay argues that China has long-standing moral traditions such as Confucianism, with its inherent ethical views toward family values that are still pertinent to a person’s daily life in general and bio-medical issues in particular.The author points out that those who acknowledge the role of the family in medical decision making feel much more satisfied. Sometimes both medical and non-medical burdens related to family roles and relationships are taken into consideration, but a patient who has good family relationships would rather family members be actively involved in the decision making. In addition, as young people are becoming increasingly individualistic under the influence of Western culture, family medical co-decision making can promote the Confucian values of family, family responsibility, and the well-being of individuals.DOWNLOAD HISTORY | This article has been downloaded 1791 times in Digital Commons before migrating into this platform.


Author(s):  
Hanneretha Kruger

The Children's Act 38 of 2005 provides that children over the age of 12 years can consent to their own medical treatment or that of their children, provided they are of sufficient maturity and have the mental capacity to understand the benefits, risks, social and other implications of the treatment (section 129(2)). The predecessor of the Children's Act set the age at which children could consent to medical treatment at 14 years, and no maturity assessment was required (Child Care Act 74 of 1983 section 39(4)). Children over the age of 12 years can consent to the performance of surgical operations on themselves or their children, provided that they have the level of maturity described above and they are duly assisted by their parents or guardians (Children's Act section 129(3)). Before the Children's Act came into operation, the Child Care Act allowed children over the age of 18 to consent to their own operations (section 39(4)). Neither a maturity assessment nor parental assistance was required. (Note that when the Child Care Act was in operation the majority age was still 21 years.) In this article the question is considered if the relaxation of the limitations on children's capacity to consent to medical treatment and surgical operations in the Children's Act recognises the right of children to make independent decisions without the assistance of their parents or guardians or other substitute decision-makers. Firstly the article investigates the theoretical foundations of the protection of children's rights, particularly their autonomy rights. Secondly the meaning of the concept "competence" in medical decision-making and the related concept of "informed consent" are discussed. Thirdly some developmental and neuroscientific research on children's decision-making capacities and how they influence children's competence to give consent valid in law are highlighted. Fourthly possible legal foundations for the protection of children's right to self-determination in medical decision-making are sought in the Constitution and international and regional human rights treaties. Finally the relevant provisions of the Children's Act are examined in order to ascertain whether children's right to self-determination is sufficiently protected in South African law    


2021 ◽  
pp. 136700692110228
Author(s):  
Sayuri Hayakawa ◽  
Yue Pan ◽  
Viorica Marian

Aims and objectives: How health risks are communicated can have a substantial impact on medical judgments and choice. Here, we examine whether the language used to process health-related information systematically changes bilinguals’ perceptions and preferences. Methodology: Chinese-English bilinguals were presented with 10 medical scenarios in either their native language (Mandarin Chinese; n = 76) or a second language (American English; n = 84) and made judgments regarding their familiarity with the medical conditions and the perceived severity of the possible symptoms (incurability, emotional distress, physical pain, social harm). Participants then rated their agreement with statements pertaining to beliefs about medical decision-making (trust in the good intentions of doctors, acceptability of challenging doctors, importance of involving family, preference for standard treatments, preference for experimental treatments). Data and analysis: Linear mixed-effects models were constructed for judgments of medical conditions and for beliefs regarding medical decision-making. Findings and conclusions: Medical conditions were perceived to be easier to cure, less physically painful, and less emotionally distressing when processed in the second language, English. Using English also increased endorsement of beliefs (such as challenging doctors’ opinions and accepting experimental treatments) that were more consistent with individualistic than with collectivistic norms. We propose that the activation of emotions and values is linked to language, with consequences for how individuals make decisions that impact their health and well-being. Originality: The present study is among the first to systematically examine the interactive psychological impact of language context and experience on judgments and beliefs in an applied medical domain. Significance: With millions of practitioners and patients worldwide making medical decisions in a combination of native and non-native languages, the present findings highlight the need to account for language, including language use, context, and experience, in order to optimize health-related communication and judgments.


2007 ◽  
Author(s):  
Gabriella Pravettoni ◽  
Claudio Lucchiari ◽  
Salvatore Nuccio Leotta ◽  
Gianluca Vago

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