Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Louisa Gothard
Louisa Gothard
Senior Solicitor, Head of Family Law
Read on
Can you keep a secret? Children, human rights, and the law of medical confidentiality [2008] CFLQ 312
Date:16 SEP 2011

The existence of competent children's right to medical confidentiality was confirmed in R (Axon) v Secretary of State for Health (Family Planning Association Intervening). However, a number of important questions remained unanswered including: whether non-competent children have a right to medical confidentiality against their parents as well as third parties; when it would be legitimate to override competent and non-competent children's medical confidentiality; whether parents can rely on Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 to claim a right to disclosure of their children's medical information; and, if so, what approach should be adopted where that right comes into conflict with children's Article 8 rights to privacy and confidentiality. These questions will be explored, taking into account the development of the law of confidentiality as a means of protecting Article 8 rights to privacy. It will be argued that children's right to, and decisions regarding, medical confidentiality require greater respect and protection.

Categories:
Articles CFLQ