Tuesday, November 12, 2013

Children's Ability to Consent to Medical Treatment

FAMILY LAW THE LAW RELATING TO CHILDREN TOPIC: CONSENT TO MEDICAL interference learn to the kidren they will charter to live with the decision. - Anonymous[1] Introduction The land of law that concerns childrens ability to take on to medical handling is one fraught with much controversy. There is a flagitious paucity of law that deals with this area in most part of the world and largely in the Commonwealth Caribbean. As significant as the term of Children Act and other recent decree affecting children are, the evolved foreign standards and realities of family within which our children are nurture, require a more comprehensive, bodacious and well thought out legislative scheme to fall the acceptable standards of protection, provision, employment and prevention. This paper will focus in the first place on the participation aspect in Jamaica. What is in the vanquish interests of the child should throw into account th e childs wishes. Thus, the root word of a Gillick skilled child and its qualifications particularly with regard to bearing manner of speaking medical treatment should be enshrined in rule so that mere lip service is not paying(a) to the paramountcy principle. What is the problem?
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With some(prenominal) pieces of legislation geared towards children[2] Jamaica has built up a sort of impressive framework for the protection of childrens rights. However, there is a key component missing with regards to the castellated topic of child autonomy. There is no legislation that deals with this issue. It is an completed fact that consent to medical treatment can but be abandoned by a p erson who is competent to consent. The law, ! both harsh and statutory, recognizes that individuals old eighteen (18) and over have full heavy capacity. The legal system even acknowledges that children aged sixteen (16) and 17 (17) are presumed to be competent[3] (although this does not unblock medical military force from determining that...If you want to get a full essay, do it on our website: OrderEssay.net

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