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This inter-disciplinary book critiques the extent to which the Mental Capacity Act can deal adequately with the impact of mental disorder on autonomous decision-making. It will interest lawyers, legal scholars, medical practitioners, and policy makers working in this area, as well as students studying both law and medicine.
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Children with disabilities --- Children with special educational needs --- Children with special health care needs --- Children with special needs --- Handicapped children --- Physically handicapped children --- Special needs children --- Exceptional children --- People with disabilities --- Medical care --- Law and legislation
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"The question of whether and how decisions are made in respect of a child's medical treatment has become a matter of significant public controversy following the highly publicised cases of Charlie Gard (Great Ormond Street Hospital v Yates [2017]) and Alfie Evans (Alder Hey Children's NHS Foundation Trust v Evans et al [2018]). In light of this background, this timely collection brings together commentators from law, medical ethics and clinical medicine, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In particular, the collection looks at whether the current 'best interests' threshold is the appropriate boundary for legal intervention, or whether it is appropriate to adopt the 'risk of significant harm' approach proposed in Yates. Moreover, it explores the respective roles of parents, doctors and the courts and the possible risks of inappropriate state intrusion in parental decision-making, and how we might address them"
Children with disabilities - Medical care - Law and legislation - Great Britain --- Parent and child (Law) - Great Britain --- Euthanasia - Law and legislation - Great Britain --- Royaume-Uni --- Medicine: general issues --- parental rights; philosophical perspectives; child; serious illness; legal perspectives; sociological perspectives --- Children with disabilities --- Parent and child (Law) --- Euthanasia
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In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention and the different balances that can be made in weighing up the rights and interests of the child, the parent's rights and responsibilities and the role of medical professionals and the courts. This collection provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia. Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate on the issues. The book brings together commentators from the fields of law, medical ethics, and clinical medicine across the world, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In doing so, the collection offers comprehensive treatment of the key questions around whether the current best interests approach is still appropriate, and if not, what the alternatives are. It engages head-on with the concerns seen in both the academic and popular literature that there is a need to reconsider the orthodoxy in this area.
Professional ethics. Deontology --- Family law. Inheritance law --- Medical law --- Child health services --- Parent and child (Law) --- Critically ill children --- Medical ethics. --- Critical care medicine --- Ethics, Medical --- Law and legislation --- Care. --- Decision making. --- Law and legislation.
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