How should we decide how to treat the child: harm versus best interests in cases of disagreement

David Archard, Emma Cave and Joe Brierley

Medical Law Review, 2024, vol. 32, issue 2, 158-177

Abstract: Where parents seek treatment for their young child that healthcare professionals cannot agree to, the High Court can determine what is in the child’s best interests. Some activists and academics seek change to impose threshold criteria that would bolster the decision-making rights of parents and reduce deference to clinicians and the courts. We defend the best interests standard against arguments that a higher threshold of ‘significant harm’ should apply. We do so from ethical, legal, and clinical perspectives. The matter is of significant moral and practical importance, especially in light of the divergence of academic opinion, the burgeoning number of cases coming before the courts and recent case law and statutory attempts to effect change. We begin by disputing ethical claims that a significant harm threshold is preferable to the best interests standard, and then we set out jurisprudential and practical arguments that demonstrate the imprudence of a significant harm threshold and defend the established yardstick of best interests.

Keywords: Best interests; Child; Children’s rights; Harm; Parental rights; Treatment (search for similar items in EconPapers)
Date: 2024
References: Add references at CitEc
Citations:

Downloads: (external link)
http://hdl.handle.net/10.1093/medlaw/fwad040 (application/pdf)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:medlaw:v:32:y:2024:i:2:p:158-177.

Access Statistics for this article

Medical Law Review is currently edited by Professor Sara Fovargue and Professor Jose Miola

More articles in Medical Law Review from Oxford University Press
Bibliographic data for series maintained by Oxford University Press ().