Best Interests of the Child In Healthcare (Biomedical by Sarah Elliston

By Sarah Elliston

Topical and compelling, this quantity presents a good re-assessment of the ‘best pursuits’ try out within the healthcare area; the ways that it has built, the inherent problems in its use and its interpretation in felony situations about the remedy of kids. Comprehensively protecting either the English and Scottish place in the context of the ecu conference of human Rights and the UN conference at the Rights of the kid, the writer examines a variety of healthcare occasions, from the widely happening to the weird, providing an in depth research of laws, case legislations, circumstances and their implications. It contains discussions on: the level to which a child’s physique will be tested, operated on and suffering from drugs, units or strategies meant to lead to scientific swap the correct scope of parental selection and authority and at what level in their improvement youngsters could be allowed to make their very own judgements the reaction to occasions the place the pursuits of kids will be in clash – the circumstances of conjoined twins or the donation of organs to siblings. This paintings is a key source for postgraduates and researchers operating and learning within the fields of legislations, healthcare and medication.

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Reece, 1996) As Herring notes, there are many situations in which the best interests principle does not apply, such as divorce and the ordering of blood tests to determine paternity (Herring, 1999b, ch 5). In such circumstances, it can be said that the law has decided that children’s interests ‘must take their place in a world full of interests’ (Eekelaar, 2002, p 239). The rights of others may therefore play a part, even where decisions may profoundly affect a child and be to his or her detriment.

However, it is not the expression used in the UK legislation, which is that the child’s welfare is the paramount consideration. A welfare test may be said to differ from a best interests one in that it does not suggest that a decision need be regarded as the single ‘best’ option for the child. At first glance, then, the Children Acts appear to apply a less protective standard of decision-making than the UN Convention, but this factor is then given overriding importance. On the other hand, the test under the inherent jurisdiction of the courts is that the child’s best interests are the prime and paramount concern.

If a decision is taken to apply a best interests standard, further considerations arise in respect of what weight should be given to this principle. There are several approaches that could be taken. Archard notes that the specific terms ‘paramount’ and ‘primary’ have been used both in legislation and by 20 Re Z (a minor) (freedom of publication) [1995] 4 All ER 961, CA, at 986 per Bingham MR. 21 Re J (A Minor) (Medical Treatment) [1992] 2 FCR 753, CA and also R v Portsmouth Hospital NHS Trust ex parte Glass [1999] 3 FCR 905, CA.

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