Open AccessTaking into Account the Child’s Own Views in the Field of Medical Care: International Standards and Experience of Ukraine
Author(s) -
H. A. MYRONOVA
Publication year - 2020
Publication title -
medične pravo
Language(s) - English
Resource type - Journals
eISSN - 2518-7724
pISSN - 2072-084X
DOI - 10.25040/medicallaw2020.02.067
Subject(s) - convention on the rights of the child , competence (human resources) , convention , legislation , child care , child rights , political science , law , psychology , public relations , medicine , nursing , human rights , social psychology
The Convention on the Rights of the Child (UN) outlines the fundamentalrights of the child, which is also the basis for regulating relations in the fieldof care. In particular,States Parties shall assure to the child who is capable of forming his orher own views the right to express those views freely in all matters affectingthe child, the views of the child being given due weight in accordance with theage and maturity of the child.In Ukraine, both legislation and most researchers believe that a clear agerestriction on a child's ability to consent to healthcare is necessary. However,the child's competence to make autonomous informed decisions about medicalintervention is not always directly dependent on age, but is individualized.Therefore, the problem of taking into account the child's opinion when providinghis or her medical care requires public discussion and development of newlegal tools. Key words: The Convention on the Rights of the Child (UN), taking intoaccount the child's thoughts, the child's competence to consent to medicalintervention.