Medical Treatment of Children and the Law: Beyond Parental Responsibilities

The book explores the legal and ethical issues surrounding the medical treatment of children, arguing for a reframing of the law to better protect the welfare of the individual child within the context of family relationships. It critically analyzes the case law in this area and highlights the professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities.

Format: Paperback / softback
Length: 256 pages
Publication date: 30 May 2022
Publisher: Taylor & Francis Ltd

The high-profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb have sparked significant debates about the role of the state in interfering with parental decisions regarding the medical treatment of children. These cases have raised questions about why parents may not be allowed to make the best choices for their children's well-being. In response to these concerns, this book aims to provide a comprehensive analysis of the legal framework surrounding the medical treatment of children. It argues for a reorientation of the law to prioritize the welfare of individual children within the context of family relationships, while also recognizing the responsibilities of professionals to care for children and the importance of safeguarding children's welfare as a matter of public interest.

The book conducts a rigorous critical examination of the case law related to the provision of medical treatment to children since the first reported cases over forty years ago. It challenges the notion that these cases can be solely understood as disputes over the best interests of the child, emphasizing that they fail to acknowledge the professional duties and public responsibilities that exist alongside parental responsibilities. The book argues that public or state intervention into family life and parental decision-making is justified when it is necessary to protect children's welfare and ensure their protection.

While the principles and approach established in the early cases remain relevant, the nature and balance of these responsibilities to children in their care must be understood in the changing social, legal, and political context in which they are exercised and enforced by the court. The book will be an invaluable resource for academics, students, and practitioners in the fields of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing, and Bioethics. It offers a comprehensive and nuanced understanding of the legal and ethical considerations surrounding the medical treatment of children, providing valuable insights for professionals and policymakers alike.

Weight: 390g
Dimension: 154 x 233 x 23 (mm)
ISBN-13: 9780367567446