© Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/092902707X182788 European Journal of Health Law 14 (2007) 21-46 Minors and Informed Consent: A Comparative Approach 1 Loes Stultiëns, Tom Goﬃn, Pascal Borry, Kris Dierickx, Herman Nys Centre for Biomedical Ethics and Law, Catholic University Leuven Abstract Th e European Convention on Human Rights and Biomedicine of the Council of Europe provides in article 6 for special protection of persons who are not able to give free and informed consent to an inter- vention in the health ﬁ eld, e.g. minors. According to the second paragraph of this article it is up to domestic law to decide whether and under which conditions a minor is capable of taking autonomous decisions in the health ﬁ eld. In the present article an overview is given of the legal regulations in place regarding the position of minors in a health care setting in the EU Member States that have ratiﬁ ed the European Convention on Human Rights and Biomedicine namely Cyprus, Czech Republic, Denmark, Estonia, Greece, Hungary, Lithuania, Portugal, Slovakia, Slovenia and Spain. As the overview will show, the legal position of minor patients in a health care setting varies from country to country.
European Journal of Health Law – Brill
Published: Jan 1, 2007
Keywords: MINORS; EUROPEAN CONVENTION ON HUMAN RIGHTS AND BIOMEDICINE; INFORMED CONSENT
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