Competency and Best Interests of the Child Relating to Health Issues
A Maltese and International Legal Perspective
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Child competency is analysed to determine whether it can be deemed as a right of children to be able to decide for themselves in health issues, and whether children can be the holders of such right. The notion of children is also dealt with to determine who children truly are in the legal scenario and whether such children are capable to have legal competency. Parental responsibility is also analysed to determine whether such responsibility should interfere to deny the child the right to self determination in health issues. An analysis of current international law is carried out in the light o...
Child competency is analysed to determine whether it can be deemed as a right of children to be able to decide for themselves in health issues, and whether children can be the holders of such right. The notion of children is also dealt with to determine who children truly are in the legal scenario and whether such children are capable to have legal competency. Parental responsibility is also analysed to determine whether such responsibility should interfere to deny the child the right to self determination in health issues. An analysis of current international law is carried out in the light of child competency to determine whether understanding-based competency is permitted by the international legal mechanisms. A thorough analysis of the Gillick case is carried out since Gillick is the case which appositely conned the term Gillick competency to refer to competency based on sufficient understanding and intelligence. A thorough study is carried out consisting of interviews with professionals both legal and medical experienced in this field.
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