ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal News Blogs -> JURIST - The Paper Chase

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal News

: JURIST - The Paper Chase

Canada high court rules children under 16 have some say over medical treatment

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

ADVERTISEMENTS
[JURIST] The Canadian Supreme Court ruled 6-1 Friday that children under the age of 16 have the right to make decisions over their own medical treatment if they can demonstrate their decision-making ability, but upheld the constitutionality of statutory schemes that balance the best interests of the child with the right to individual autonomy. The case was brought by a minor who received a blood transfusion despite refusing treatment on the basis of her religious beliefs. A Manitoba court overrode her wishes and authorized the treatment that doctors and the Director of Child and Family Services considered to be in her best interests. The Supreme Court upheld the controlling Manitoba law, which gives minors no control over their medical treatment, but reasoned that: Interpreting the best interests standard so that a young person is afforded a degree of bodily autonomy and integrity commensurate with his or her ability to exercise mature, independent judgment navigates the tension between an adolescent's increasing entitlement to autonomy as he or she matures and society's interest in ensuring that young people who are vulnerable are protected from harm.In the US, the debate over the right to refuse medical treatment has been illustrated recently by the case of Daniel Houser, whose parents refused treatment of their son based on religious reasons. The state may only interfere with the rights of fit parents to make decisions over their children for compelling reasons like protecting the safety and well-being of their children. In the UK, children under 18 who have "the intelligence and ability to understand fully what is involved in a medical procedure ... are considered able to give their permission."

Full post as published by JURIST - The Paper Chase on June 27, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0035 secs (from cache 10/31/26 23:29:29)