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Medical Decision-Making on Behalf of Young Children: A Comparative Perspective

Medical Decision-Making on Behalf of Young Children: A Comparative Perspective

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509944545
  • 出版时间 March 2022
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509928569
¥492.56
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 1. Introduction
    Imogen Goold, Cressida Auckland and Jonathan Herring
    2. Identifying Who and What, then How: Attending to the Role of the Decision-Maker in the Normative Debate about the Best Interests Standard
    Rosalind McDougall
    3. Parental Rights, Best Interests and Significant Harm: Medical Decision-Making on Behalf of Children in Belgium
    Ingrid Boone
    4. 'Parental Rights', 'Best Interests' and the Withdrawal of Life-Sustaining Medical Treatment of Children in Scotland: A Lack of Authority
    Alan Brown
    5. Parental Decisions on their Children's Medical Treatment in Switzerland
    Andrea Büchler
    6. Medical Decision-Making on Behalf of Minors: The Hong Kong Context
    Daisy Cheung
    7. Medical Decision-Making on Behalf of Children in China: A Multidimensional Analysis of Parental Authoritarianism
    Ding Chunyan
    8. Parental Rights in Mexican Law
    Mariana Dobernig Gago
    9. Decision-Making on Behalf of Children in the Research and Clinical Context: A United States Perspective
    Leslie Francis, Jeff Botkin and Douglas Diekema
    10. Withholding and Withdrawal of Life-Prolonging Treatment from Young Children in Israel
    Roy Gilbar
    11. Medical Decision-Making on Behalf of Children in English and Welsh Law: A Child-Centred Best Interests Approach
    Imogen Goold, Cressida Auckland and Jonathan Herring
    12. Parental Rights, Best Interests and Significant Harms: Singapore and Malaysia Perspectives on Medical Decision-Making on Behalf of Children
    Calvin WL Ho and Sharon Kaur
    13. Decisions about their Body: Children's Rights and Parental Responsibility in Chile
    Fabiola Lathrop Gómez
    14. Who has the Final Word? On Trust and Legal Uncertainty within the Swedish Healthcare System
    Pernilla Leviner
    15. Medical Decision-Making on Behalf of Children in Ireland
    Lydia Bracken and John Lombard
    16. Decisionally Incapable Children and Medical Treatment Choices in Canada
    Constance MacIntosh
    17. Offering a Reasonable Future: Withdrawal of Life-Sustaining Treatment from Infants in French Law with Illustrations from a Parisian Neonatal Resuscitation Unit
    Jean-Frédéric Ménard
    18. Parental Responsibility and Medical Decision-Making in Southern Africa: A Comparative Analysis of
    South Africa and Botswana
    Admark Moyo
    19. Young Children and Healthcare Decisions in Spain: Who Decides?
    Monica Navarro-Michel
    20. Who Decides the Best Interests of the Child in the End-of-Life Process? A Look at the Peruvian and Argentine Reality
    Paula Siverino Bavio
    21. Reviewing Medical Decisions Concerning Infants within the Norwegian Healthcare System: A Public Law Approach
    Karl Harald Sovig
    22. Children and Medical Decision-Making in Australia Post-Gard: A Possible Reformulation
    Cameron Stewart
    23. Parental Authoritarianism and Medical Decision-Making in Thailand: The Need to Limit Parental Authority
    Thitinant Tengaumnuay
    24. Medical Decision-Making on Behalf of Critically Ill Minors in Greece
    Theodoros Trokanas
    25. Making Decisions for Children in Healthcare and Medical Research: African Communal Responsibility or Individual Rights?
    Samuel J Ujewe
    26. The Relevance of Cultural Competence to Resolving Disputes in Relation to Medical Decisions for Children
    Ben Gray
    27. Legal and Cultural Differences in Medical Decision-Making on Behalf of Very Young Children
    Imogen Goold and Cressida Auckland

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