This book explores the best interests principle, and alternatives offered in the academic literature, to consider why the principle remains contentious despite its prevalence for addressing medical decisions for seriously ill children. It provides theoretical background, exploration of what occurs in practice, and proposes a novel approach.
This book explores the best interests principle, and alternatives offered in the academic literature, to consider why the principle remains contentious despite its prevalence for addressing medical decisions for seriously ill children. It provides theoretical background, exploration of what occurs in practice, and proposes a novel approach.
James Cameron undertakes legal policy and law reform work for the Victorian Government in Australia. James completed his PhD at the University of Melbourne and spent time as a visiting student at Oxford University.
Inhaltsangabe
Introduction Part A: Framing the issue: Has the pendulum swung too far? 1. Who is responsible for identifying and upholding a child's best interests? 2. Upholding minimum standards rather than enforcing best interests Part B: When and how are a child's best interests upheld in practice? 3. The application of the best interests principle by judges upholding undefined interests 4. Qualitative research with doctors balancing issues beyond the child's interests 5. Comparing the approaches of judges and doctors the need to retain but further explain the best interests principle Part C: A comprehensive explanation: Upholding a child's best interests through a human rights-based approach 6. What is a human rights-based approach? 7. How a human rights-based approach may inform decisions 8. Applying a human rights-based framework Conclusion Appendix 1 Appendix 2
Introduction Part A: Framing the issue: Has the pendulum swung too far? 1. Who is responsible for identifying and upholding a child's best interests? 2. Upholding minimum standards rather than enforcing best interests Part B: When and how are a child's best interests upheld in practice? 3. The application of the best interests principle by judges upholding undefined interests 4. Qualitative research with doctors balancing issues beyond the child's interests 5. Comparing the approaches of judges and doctors the need to retain but further explain the best interests principle Part C: A comprehensive explanation: Upholding a child's best interests through a human rights-based approach 6. What is a human rights-based approach? 7. How a human rights-based approach may inform decisions 8. Applying a human rights-based framework Conclusion Appendix 1 Appendix 2
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