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Medical Decision-Making on Behalf of Young Children: A Comparative Perspective

Medical Decision-Making on Behalf of Young Children: A Comparative Perspective

Author: Imogen Goold; Cressida Auckland; Jonathan Herring
Publisher: Hart Publishing
ISBN: 9781509944545

Published In: March 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509928569

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In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention and the different balances that can be made in weighing up the rights and interests of the child, the parent's rights and responsibilities and the role of medical professionals and the courts. This collection provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia.

Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate on the issues.

The book brings together commentators from the fields of law, medical ethics, and clinical medicine across the world, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In doing so, the collection offers comprehensive treatment of the key questions around whether the current best interests approach is still appropriate, and if not, what the alternatives are. It engages head-on with the concerns seen in both the academic and popular literature that there is a need to reconsider the orthodoxy in this area.

1. Introduction

Imogen Goold, Cressida Auckland and Jonathan Herring

2. Identifying Who and What, then How: Attending to the Role of the Decision-Maker in the Normative Debate about the Best Interests Standard

Rosalind McDougall

3. Parental Rights, Best Interests and Significant Harm: Medical Decision-Making on Behalf of Children in Belgium

Ingrid Boone

4. 'Parental Rights', 'Best Interests' and the Withdrawal of Life-Sustaining Medical Treatment of Children in Scotland: A Lack of Authority

Alan Brown

5. Parental Decisions on their Children's Medical Treatment in Switzerland

Andrea Büchler

6. Medical Decision-Making on Behalf of Minors: The Hong Kong Context

Daisy Cheung

7. Medical Decision-Making on Behalf of Children in China: A Multidimensional Analysis of Parental Authoritarianism

Ding Chunyan

8. Parental Rights in Mexican Law

Mariana Dobernig Gago

9. Decision-Making on Behalf of Children in the Research and Clinical Context: A United States Perspective

Leslie Francis, Jeff Botkin and Douglas Diekema

10. Withholding and Withdrawal of Life-Prolonging Treatment from Young Children in Israel

Roy Gilbar

11. Medical Decision-Making on Behalf of Children in English and Welsh Law: A Child-Centred Best Interests Approach

Imogen Goold, Cressida Auckland and Jonathan Herring

12. Parental Rights, Best Interests and Significant Harms: Singapore and Malaysia Perspectives on Medical Decision-Making on Behalf of Children

Calvin WL Ho and Sharon Kaur

13. Decisions about their Body: Children's Rights and Parental Responsibility in Chile

Fabiola Lathrop Gómez

14. Who has the Final Word? On Trust and Legal Uncertainty within the Swedish Healthcare System

Pernilla Leviner

15. Medical Decision-Making on Behalf of Children in Ireland

Lydia Bracken and John Lombard

16. Decisionally Incapable Children and Medical Treatment Choices in Canada

Constance MacIntosh

17. Offering a Reasonable Future: Withdrawal of Life-Sustaining Treatment from Infants in French Law with Illustrations from a Parisian Neonatal Resuscitation Unit

Jean-Frédéric Ménard

18. Parental Responsibility and Medical Decision-Making in Southern Africa: A Comparative Analysis of

South Africa and Botswana

Admark Moyo

19. Young Children and Healthcare Decisions in Spain: Who Decides?

Monica Navarro-Michel

20. Who Decides the Best Interests of the Child in the End-of-Life Process? A Look at the Peruvian and Argentine Reality

Paula Siverino Bavio

21. Reviewing Medical Decisions Concerning Infants within the Norwegian Healthcare System: A Public Law Approach

Karl Harald Sovig

22. Children and Medical Decision-Making in Australia Post-Gard: A Possible Reformulation

Cameron Stewart