Adolescent, Autonomy and Medical Treatment
Résumé
Although adolescence cannot be said to be a medical condition, and although most adolescents are healthy, some do become ill. But the adolescent is not a patient like any other...Today, the age of majority is set in most jurisdictions at the age of 18 years, but in the context of medical treatment, many countries do recognise a certain level of autonomy (to a greater or lesser extent) of adolescents who are deemed to be mature. However, the extent of this autonomy raises many questions. Is the consent of the adolescent required, along with that of the parents, before any intervention may take place? Do they have a right of veto? Is their consent alone enough? Are they recognised as having the right to take part in medical trials, the right to refuse necessary treatment...? These and many other questions are at the heart of this multidisciplinary and international study, which is the fruit of reflection and discussion between lawyers, philosophers, sociologists and child psychologists during the 2nd Workshop of the International Academic Network on Bioethics. The issues raised go well beyond law because they engender questions of the individuality of the adolescent and her ability to make choices when faced with illness and even her own death. Despite the complexity and depth of the subject, the chapters in this volume clearly reveal the status of the adolescent in medical decisionmaking, in sixteen different countries. Despite obvious differences between the systems studied, the one thing that is clear is the gradual recognition of the adolescent's growing autonomy in medical decisionmaking which is not always expressly provided for in legislation. Such an evolution is hardly surprising at a time when the distinction between adolescence and adulthood is becoming less certain for many.
Domaines
Droit
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