Of Minors and the Mentally Ill: Re-Positioning Perspectives on Consent to Health Care
M. Paré, “Of minors and the mentally ill: Re-positioning perspectives on consent to health care”, Windsor Yearbook of Access to Justice, No. 1, 2011, 107-125
20 Pages Posted: 10 Feb 2015
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Of Minors and the Mentally Ill: Re-Positioning Perspectives on Consent to Health Care
Of Minors and the Mentally Ill: Re-Positioning Perspectives on Consent to Health Care
Date Written: 2011
Abstract
Recognition of people's right to consent to health care is linked to legal capacity and to respect for physical and mental integrity. Traditionally, children and persons with mental illness have been denied this right and substitute decision-making systems have been used for their protection. Today, respect for rights and freedoms forces courts and legislators to find a balance between autonomy and protection. However, domestic law lacks vision and objectives, often ending up breaching both protection and autonomy rights, or prioritizing one to the detriment of the other. One should turn to the supported decision-making model, which addresses protection concerns while respecting people's integrity and autonomy.
Keywords: right to consent, health care, mental illness, children, autonomy, protection
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