Beyond the best interests of the child pdf
Family interests and medical decisions for childrenEuropean Childhoods pp Cite as. According to the UNCRC, both Mari and Nadia and their siblings are rights-holders, but what are the implications of this for their day-to-day life and well-being? The Convention asserts that all children are independent individuals endowed with many of the rights that adults have, as well as enjoying a number of special rights linked to their status as children. Thus, Articles 12, 13, 14 and 15 provide children and young people with the right to participate actively in society and to take part in decision-making in the family, the school and the community. Unable to display preview. Download preview PDF. Skip to main content.
Children, Autonomy and the Courts
Those who make decisions about children are increasingly required by law to act in the child's best interests. At the same time, best interests standards are regarded as indeterminate, or worse. This article explores the indeterminacy argument and then turns to ways in which, in practice, a degree of predictable operation may still result. It focuses on the role played by localized conventions on values and understandings of the world. Most users should sign in with their email address. If you originally registered with a username please use that to sign in.
The writings of Goldstein, Freud and Solnit, particularly some of the concepts they developed, have exercised a profound influence on our thinking about children.
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Beyond the Right to be Heard
Medical decisions for children are usually justified by the claim that they are in a child's best interests. More recently, following criticisms of the best interests standard, some advocate that the family's interests should influence medical decisions for children, although what is meant by family interests is often not made clear. I argue that at least two senses of family interests may be discerned. I contend that there are problems with both approaches in making medical decisions for children but that the weak sense is more plausible. Despite this, I argue that claims for family interests are not helpful in making medical decisions for children. When medical decisions are made for children, the justification is usually that the choice is in the child's best interests. Sometimes the suggestion is that parents should be involved in making decisions.