TY - JOUR
T1 - You Give Me Welfare but Take My Freedom
T2 - Understanding the Mature Minor's Autonomy in the Face of the Court's Parens Patriae Jurisdiction
AU - Iyioha, Ireh
AU - Akorede, Yusuff A.O.
PY - 2010
Y1 - 2010
N2 - This article examines how courts determine a minor’s right to refuse a
prescribed treatment. The issue is founded on the supposed ‘conflict’
between the mature minor’s apparent legal autonomy in healthcare
decision-making and his or her actual autonomy to refuse beneficial or
life-saving treatment. In this light, the article discusses the concept
of informed consent within the framework of the law on children’s
medical decision-making, specifically in the context of the ‘best
interests’ principle. It analyzes the court’s interpretation of the
minor’s ‘autonomy’ in light of legislative provisions and case law,
drawing on the Canadian Supreme Court’s decision in Manitoba v. A.C.
AB - This article examines how courts determine a minor’s right to refuse a
prescribed treatment. The issue is founded on the supposed ‘conflict’
between the mature minor’s apparent legal autonomy in healthcare
decision-making and his or her actual autonomy to refuse beneficial or
life-saving treatment. In this light, the article discusses the concept
of informed consent within the framework of the law on children’s
medical decision-making, specifically in the context of the ‘best
interests’ principle. It analyzes the court’s interpretation of the
minor’s ‘autonomy’ in light of legislative provisions and case law,
drawing on the Canadian Supreme Court’s decision in Manitoba v. A.C.
KW - Children and the law
KW - minors' refusal of treatment
KW - best interests principle
KW - informed consent
KW - autonomy.
UR - https://ssrn.com/abstract=2609832
M3 - Article
VL - 13
SP - 279
EP - 315
JO - Quinnipiac Health Law Review
JF - Quinnipiac Health Law Review
IS - 2
ER -