![]() ![]() The debate commenced in 1985 with Gillick v West Norfolk. In Scotland, although not specifically referred to, the Age of Legal Capacity Act 18 implies that a competent child may refuse, as well as accept, treatment. In England and Wales, mature minors may consent to, but may not necessarily be able to refuse, treatment. 16 In the USA, three states recognise the "mature minor" concept 17 but elsewhere adolescents rely on parental decision making. ![]() In Canada, despite pre-1996 court decisions 15 supporting the notion of adolescent autonomy, adolescents may not refuse medical treatment. The situation regarding the ability of mature minors to refuse medical treatment is not as straightforward. Since the Watchtower Society (WTS), the JW governing body, introduced the blood ban in 1945, courts in the USA, 9 the UK, 10 and Australia 11 have made it clear that parents cannot refuse blood on their children’s behalf, based on three main principles: ( a) the child’s interests and those of the state outweigh parental rights to refuse medical treatment 12 ( b) parental rights do not give parents life and death authority over their children 13 and ( c) parents do not have an absolute right to refuse medical treatment for their children based on their religious beliefs 14 if that refusal is regarded as unreasonable. There is, therefore, no legal debate about the ability of parents to refuse blood on their children’s behalf when blood products are clinically indicated. But it does not follow that they are free, in identical circumstances, to make martyrs of their children…” 8 “Parents may be free to become martyrs themselves. 5 Parents cannot make decisions that may permanently harm or otherwise impair their healthy development: 6, 7 4 The right to raise children is qualified by a duty to ensure their health, safety, and wellbeing. While courts throughout the western world recognise these parental rights, they are not absolute. Legally, except in an emergency, parental consent is necessary to perform any medical procedure on an incompetent child. Traditionally, when children are incompetent, the power to give or withhold consent to medical treatment on their behalf lies with those with parental responsibility. This article examines the rights of young children, adolescents, and adults, focusing in the latter half on adults in the emergency situation. While young children and adolescents are protected by the courts and conscious adults are afforded autonomy, dilemmas still arise in the emergency situation. The Watchtower Society (the JW governing body) imposes a strict code of moral standards among its members, and it is unlikely that individual JWs are making truly autonomous decisions about blood transfusions. Do an individual’s rights (namely bodily control, right to privacy, right to decide about life/death issues, right to religious freedom) outweigh society’s rights (namely the preservation of life, the prevention of suicide, the protection of innocent third parties, and the maintenance of the ethical integrity of the medical profession)? Does the right to choose outweigh the value of human life? For doctors, conflict occurs between the desire to respect patient autonomy and the need to provide good medical care. The refusal of blood products by JWs raises ethical and legal dilemmas that are not easily answered. Adult JWs have fought to protect their autonomy when making both contemporaneous and advance treatment refusal. Adolescent JWs have also sought to refuse blood products based on their beliefs, regardless of the views of their parents. Since the introduction of the blood ban in 1945, Jehovah’s Witness (JW) parents have fought for their rights to refuse blood on behalf of their children, based on religious beliefs and their right to raise children as they see fit. The Jehovah’s Witnesses Society is best known to outsiders for its refusal of blood products, even when such a refusal may result in death. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |