Children’s Rights in Medical Decision-Making: Legal Analysis of Consent and Capacity in Pediatric Care
Abstract
Children’s rights in medical decision-making present a complex intersection of legal, ethical, and clinical considerations, particularly regarding issues of consent and capacity in pediatric care. This paper critically analyzes the legal frameworks that govern consent and decision-making authority in the treatment of minors, focusing on the evolving recognition of children’s participatory rights within healthcare systems. Traditionally, parental authority has been the primary basis for healthcare decisions concerning children; however, contemporary legal developments increasingly emphasize the importance of children’s autonomy, maturity, and evolving capacity. This explores key legal principles underpinning pediatric consent, including the distinction between consent and assent, and the use of capacity assessments to determine a minor’s ability to participate in medical decisions. Special attention is given to the "Gillick competence" standard in the United Kingdom and its influence on capacity determinations in other jurisdictions. Additionally, the analysis examines various legal approaches to age-based consent thresholds and explores how courts reconcile parental rights with children's emerging autonomy, particularly in cases involving reproductive healthcare, mental health services, and life-sustaining treatment decisions. Ethical considerations, such as the "best interests of the child" standard, are also addressed, highlighting the tensions between safeguarding children’s welfare and respecting their developing autonomy. The paper further reviews landmark cases that have shaped the legal landscape of pediatric medical decision-making and underscores the challenges presented by emergencies and high-stakes treatment scenarios. This calls for harmonized legal frameworks that recognize children's evolving decision-making capacity while ensuring adequate protections. It advocates for greater integration of child-centered approaches in healthcare policy, enhanced clinical practices that promote informed participation, and legal reforms that strengthen children's rights in medical contexts. Such measures are essential for advancing ethical, equitable, and effective pediatric healthcare.
Keywords
Children’s Rights, Medical Decision-Making, Legal Analysis, Consent, Capacity, Pediatric Care
Citations
IRE Journals:
Augustine Onyeka Okoli , Irene Sagay , Sandra Oparah , Opeoluwa Oluwanifemi Ajayi , Collins Nwannebuike Nwokedi
"Children’s Rights in Medical Decision-Making: Legal Analysis of Consent and Capacity in Pediatric Care" Iconic Research And Engineering Journals Volume 2 Issue 11 2019 Page 462-480
IEEE:
Augustine Onyeka Okoli , Irene Sagay , Sandra Oparah , Opeoluwa Oluwanifemi Ajayi , Collins Nwannebuike Nwokedi
"Children’s Rights in Medical Decision-Making: Legal Analysis of Consent and Capacity in Pediatric Care" Iconic Research And Engineering Journals, 2(11)
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