Adolescent Consent and Confi dentiality in the UK

Adolescent Consent and Confi dentiality in the UK © Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/092902709X12506817652775 European Journal of Health Law 16 (2009) 309-331 brill.nl/ejhl Adolescent Consent and Confi dentiality in the UK Emma Cave * Senior Lecturer, School of Law, University of Leeds, UK Abstract In R (Axon) v Secretary of State for Health the Gillick competence test was confi rmed. Commitment to childhood autonomy and privacy rights caused renewed academic criticism of the ‘refusal’ cases. Th is paper considers the form any changes to the law may take, and the potential consequences for the rights of parents and young people. Silber J.’s contention that parental Article 8 rights cease when the child makes a competent decision is potentially problematic if applied to refusal cases, especially in the context of the distinction between competence to consent to treatment and to the disclosure of information. Keywords consent; confi dentiality; privacy; children; Gillick ; Axon 1. Introduction Th e interest theory and the will theory of rights inform debate as to the moral rights of children. Adolescents, who seek to have their choices respected to the extent that they impose obligations on others to treat or to withhold treatment or disclosure of information, may rely, as younger http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Health Law Brill

Adolescent Consent and Confi dentiality in the UK

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Publisher
Martinus Nijhoff
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0929-0273
eISSN
1571-8093
D.O.I.
10.1163/092902709X12506817652775
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/092902709X12506817652775 European Journal of Health Law 16 (2009) 309-331 brill.nl/ejhl Adolescent Consent and Confi dentiality in the UK Emma Cave * Senior Lecturer, School of Law, University of Leeds, UK Abstract In R (Axon) v Secretary of State for Health the Gillick competence test was confi rmed. Commitment to childhood autonomy and privacy rights caused renewed academic criticism of the ‘refusal’ cases. Th is paper considers the form any changes to the law may take, and the potential consequences for the rights of parents and young people. Silber J.’s contention that parental Article 8 rights cease when the child makes a competent decision is potentially problematic if applied to refusal cases, especially in the context of the distinction between competence to consent to treatment and to the disclosure of information. Keywords consent; confi dentiality; privacy; children; Gillick ; Axon 1. Introduction Th e interest theory and the will theory of rights inform debate as to the moral rights of children. Adolescents, who seek to have their choices respected to the extent that they impose obligations on others to treat or to withhold treatment or disclosure of information, may rely, as younger

Journal

European Journal of Health LawBrill

Published: Jan 1, 2009

Keywords: CONSENT; PRIVACY; CHILDREN; GILLICK; CONFIDENTIALITY; AXON

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