Parental Responsibility Young Children And Healthcare Law
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Parental Responsibility Young Children And Healthcare Law
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Author : Jo Bridgeman
language : en
Publisher: Cambridge University Press
Release Date : 2007-04-19
Parental Responsibility Young Children And Healthcare Law written by Jo Bridgeman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-19 with Law categories.
This book provides a comprehensive examination of the legal regulation of the provision of healthcare to young children in England and Wales. A critical analysis is given on the law governing the provision of healthcare to young and dependent children identifying an understanding of the child as vulnerable and in need of protection, including from his or her own parents. The argument is made for a conceptual framework of relational responsibilities which would ensure that consideration is given to the needs of the child as an individual, to the experiences of parents gained as they care for their child and that the wider context, such as attitudes towards disability, public health issues or the support and resources available, is examined. This book makes an important contribution to understanding the law regulating the provision of healthcare to young and dependent children and to the development of a discourse of responsibility.
Medical Treatment Of Children And The Law
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Author : Jo Bridgeman
language : en
Publisher: Routledge
Release Date : 2020-11-19
Medical Treatment Of Children And The Law written by Jo Bridgeman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-19 with Law categories.
The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions as to why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions. It argues for a reframing of the law concerned with the medical treatment of children to one which better protects the welfare of the individual child, within the context of family relationships recognising the duties which professionals have to care for the child and that the welfare of children is a matter of public interest, protected through the intervention of the state. This book undertakes a rigorous critical analysis of the case law concerned with the provision of medical treatment to children since the first reported cases over forty years ago. It argues that understanding of the cases only as disputes over the best interests of the child, and judicial resolution thereof, fails to recognise professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities and which justify public, or state, intervention into family life and parental decision-making. Whilst the principles and approach of the court established in the early cases endure, the nature and balance of these responsibilities to children in their care need to be understood in the changing social, legal, and political context in which they are exercised and enforced by the court. The book will be a valuable resource for academics, students, and practitioners of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing, and Bioethics.
The Best Interests Of The Child In Healthcare
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Author : Sarah Elliston
language : en
Publisher: Routledge
Release Date : 2007-11-06
The Best Interests Of The Child In Healthcare written by Sarah Elliston and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-06 with Law categories.
Topical and compelling, this volume provides an excellent re-evaluation of the ‘best interests’ test in the healthcare arena; the ways in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children. Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications. It includes discussions on: the extent to which a child’s body can be examined, operated on and affected by medicines, devices or procedures intended to bring about medical change the appropriate scope of parental choice and authority and at what stage of their development children should be allowed to make their own decisions the response to situations where the interests of children may be in conflict – the cases of conjoined twins or the donation of organs to siblings. This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine.
Responsible Parents And Parental Responsibility
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Author : Rebecca Probert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-05-06
Responsible Parents And Parental Responsibility written by Rebecca Probert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-06 with Law categories.
This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' and children's rights. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact, tort, and criminal law.
Medical Decision Making On Behalf Of Young Children
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Author : Imogen Goold
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-09-17
Medical Decision Making On Behalf Of Young Children written by Imogen Goold and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-17 with Law categories.
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.
Children S Rights In Health Care
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Author : J. H. H. M. Dorscheidt
language : en
Publisher:
Release Date : 2019
Children S Rights In Health Care written by J. H. H. M. Dorscheidt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Child health services categories.
While coordinating the University of Groningen's Honours College Winterschool/Atelier entitled Children's Rights in Health Care, the need to publish the contributions to this program was generally expressed and confirmed by its participants. The Winterschool/Atelier, successfully organized in recent years, has dealt with many issues concerning the legal position of minor persons - born and unborn - in the context of health care, especially pediatric care. These issues involve matters concerning pediatric treatment, preventive care and predictive medicine, medical research involving children, incompetence and child autonomy, a child's psychological development, parental responsibility and representation, protective judicial measures, child migration issues, children's health rights enforcement as well as children's health interest monitoring and promotion. During the program, leading experts in the fields of law, ethics, medicine, biology, psychology and institutions such as the Dutch Child & Hospital Foundation, the Child Protection Board, Save the Children, and UNICEF shared their views on normative standards, practical experiences, significant developments, challenging ideas, silent dreams and inevitable realities. As a result, the Children's Rights in Health Care program provided opportunities for a profound dialogue between Honours College students and lecturing scholars on a wide range of topics involving children's health care interests. This volume contains several analyses of health rights issues related to children. The various chapters provide an overview of this captivating area and may be of special interest to lawyers, health care professionals, ethicists, psychologists, judicial institutions, policy makers, interest groups, students and all others who are concerned with the children's rights perspective on health care.
Parental Rights Best Interests And Significant Harms
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Author : Imogen Goold
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-11-28
Parental Rights Best Interests And Significant Harms written by Imogen Goold and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Law categories.
This timely collection brings together philosophical, legal and sociological perspectives on the crucial question of who should make decisions about the fate of a child suffering from a serious illness. In particular, the collection looks at whether the current 'best interests' threshold is the appropriate boundary for legal intervention, or whether it would be more appropriate to adopt the 'risk of significant harm' approach proposed in Gard. It explores the roles of parents, doctors and the courts in making decisions on behalf of children, actively drawing on perspectives from the clinic as well as academia and practice. In doing so, it teases out the potential risks of inappropriate state intrusion in parental decision-making, and considers how we might address them.
Zero To Eighteen Years
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Author : General Medical Council (Gran Bretanya)
language : en
Publisher:
Release Date : 2007
Zero To Eighteen Years written by General Medical Council (Gran Bretanya) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Children's rights categories.
Fortin S Children S Rights And The Developing Law
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Author : Rachel E. Taylor
language : en
Publisher: Cambridge University Press
Release Date : 2024-02-29
Fortin S Children S Rights And The Developing Law written by Rachel E. Taylor and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-29 with Law categories.
The notion that children constitute an important group of rights holders has gained increasing acceptance both domestically and internationally. Nevertheless, this rhetorical commitment to children's rights is not necessarily realised in practice. Now in its fourth edition, Fortin's Children's Rights and the Developing Law explores the extent to which law and policy in England promotes or undermines the rights of children. Fully revised and updated, this textbook uses current research on child development and welfare to reflect on the extent to which the law fulfils children's rights in a wide range of areas, including medical law, education and child poverty. These developments are measured again the domestic law and the UK's international obligations under, for example, the United Nations Convention on the Rights of the Child.
Responsibility Law And The Family
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Author : Jo Bridgeman
language : en
Publisher: Routledge
Release Date : 2016-04-08
Responsibility Law And The Family written by Jo Bridgeman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Law categories.
Focusing on moral, social and legal responsibilities as opposed to rights or obligations, this volume explores the concept of responsibility in family life, law and practice. Divided into four parts, the study considers the nature of family responsibility; constructions of children's responsibilities; shifting conceptions of family responsibilities; and family, responsibility and the law. The collection brings together leading experts from the disciplines of sociology, socio-legal studies and law to discuss responsibilities prior to birth, responsibilities for children, as well as responsibilities of children and of the state towards family members. The volume informs and challenges the developing conceptualization of responsibilities which arise in interdependent, intimate and caring relationships and their legal regulation. It will be of great interest to researchers and practitioners working in this complex field.