Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Family Law Awards adds a Wellbeing Award - enter now
This past year has been different for everyone, but family law professionals working on the front line of family justice have faced a more challenging, stressful and demanding time than most. To...
Perspectives on civil partnerships and marriages in England and Wales: aspects, attitudes and assessments
IntroductionThis article considers the developments since the turn of the century in the provision of new options for same sex and opposite sex couples to formalise their unions with full legal...
Family Law journal - take the survey and you could win £50 worth of vouchers
Do you subscribe to Family Law journal?Our aim is to provide all subscribers of Family Law with compelling, insightful and helpful content that you enjoy reading and find useful in your...
Commencement date of 6 April 2022 announced for the Divorce, Dissolution and Separation Act 2020
The Ministry of Justice has announced that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), which received Royal Assent on 25 June 2020, will now have a commencement date of 6 April 2022....
HMCTS blog highlights the use of video hearing due to COVID-19
HM Courts & Tribunals Service has published a blog detailing the impacts of coronavirus (COVID-19) on hearings. Pre-pandemic, HMCTS states that the use of video technology for live participation...
View all articles
Authors

Children's refusal of treatment: the debate continues

Sep 29, 2018, 18:21 PM
Slug : StephenGilmoreAugFLJ2012
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 2, 2012, 10:11 AM
Article ID : 99659

Stephen Gilmore
King's College London

Jonathan Herring
Exeter College, Oxford University

This article examines academic debate surrounding the law on children's consent to, and refusal of, medical treatment. The authors respond to an article by Emma Cave and Julie Wallbank (‘Minors' Capacity to Refuse Treatment: A Reply to Gilmore and Herring' [2012] Medical Law Review), which is critical of the authors' analysis explained at [2011] CFLQ 3 (and summarised at [2011] Fam Law 715). In contrast to Gilmore and Herring's focus on consent to treatment, Cave and Wallbank argue that the approach to determining a child's capacity to consent should be context-dependent, focused on the particular decision confronting the child. They suggest therefore that consent to medical treatment might sometimes require an understanding of the consequences of refusal of treatment, or of options offered and ability to choose between them. In this article, Gilmore and Herring argue that Cave and Wallbank's approach could lead to many more children lacking capacity to consent to medical treatment and being subject to paternalistic intervention. Gilmore and Herring explain why they do not find Cave and Wallbank's arguments, nor their suggested ‘decision-focused' approach, convincing.

To log on to Family Law Online or to request a free trial click here

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from