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Medical Treatment of Children and the Law - Beyond Parental Responsibilities (Paperback)
Loot Price: R1,216
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Medical Treatment of Children and the Law - Beyond Parental Responsibilities (Paperback)
Series: Biomedical Law and Ethics Library
Expected to ship within 9 - 15 working days
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The high profile cases of Charlie Gard, Alfie Evans, and Tafida
Raqeeb raised the questions as to why the state intrudes into the
exercise of parental responsibility concerning the medical
treatment of children and why parents may not be permitted to
decide what is in the best interests of their child. This book
answers these questions. It argues for a reframing of the law
concerned with the medical treatment of children to one which
better protects the welfare of the individual child, within the
context of family relationships recognising the duties which
professionals have to care for the child and that the welfare of
children is a matter of public interest, protected through the
intervention of the state. This book undertakes a rigorous critical
analysis of the case law concerned with the provision of medical
treatment to children since the first reported cases over forty
years ago. It argues that understanding of the cases only as
disputes over the best interests of the child, and judicial
resolution thereof, fails to recognise professional duties and
public responsibilities for the welfare and protection of children
that exist alongside parental responsibilities and which justify
public, or state, intervention into family life and parental
decision-making. Whilst the principles and approach of the court
established in the early cases endure, the nature and balance of
these responsibilities to children in their care need to be
understood in the changing social, legal, and political context in
which they are exercised and enforced by the court. The book will
be a valuable resource for academics, students, and practitioners
of Medical Law, Healthcare Law, Family Law, Social Work, Medicine,
Nursing, and Bioethics.
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