You Give Me Welfare but Take My Freedom: Understanding the Mature Minor's Autonomy in the Face of the Court's Parens Patriae Jurisdiction

Ireh Iyioha, Yusuff A.O. Akorede

Research output: Articlepeer-review

Abstract

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.
Original languageEnglish
Pages (from-to)279-315
JournalQuinnipiac Health Law Review
Volume13
Issue number2
Publication statusPublished - 2010

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