Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Childrens Rights and Medical Treatment: Issues of Capacity, Choice and Consent

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter uses the issue of the child's right to medical treatment to demonstrate the manner in which one of the aims of the Convention on the Rights of the Child, which recognises the fact that "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth", is achieved, or not, as the case may be. It focuses on the general degree of success with which the New Zealand legislature and judiciary have succeeded in prioritising the rights of the child over those of his or her parents. With regard to children and medical treatment, the first question to be asked is whether the child is sufficiently autonomous or has the requisite capacity to provide consent to the treatment, which lays open to review the extent to which a child may exercise his or her rights.

Keywords: children's rights; medical treatment; mental immaturity; New Zealand legislature; physical immaturity



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Age Discrimination and Children's Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation