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Adolescent autonomy to make a ‘catastrophically bad’ decision informed by religious beliefs: To respect or protect?523.77 kB
CC BY-NC V4.0, Open Access
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Journal article
Adolescent autonomy to make a 'catastrophically bad' decision informed by religious beliefs: To respect or protect?
Alternative law journal, Vol.49(4), pp.274-281
01/12/2024
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Source: InCites
Abstract
This article examines the Australian case law in which medical treatment has been authorised against the wishes of a Gillick competent adolescent, in circumstances where the adolescent’s decision to refuse treatment has been informed by their religious beliefs. We analyse three factors that have shaped the Australian jurisprudence – medical evidence regarding the adolescent’s prognosis and risk of death; the role of religion in adolescents’ medical treatment decision-making; and the adolescent’s own views and wishes – to expose arguably uncomfortable, value-laden judicial attempts to achieve a ‘nice balance’ between the sanctity of human life and individual autonomy. We argue for greater judicial transparency about when, if ever, an adolescent’s Gillick competence will be respected in refusal of medical treatment cases shaped by the adolescent’s faith.
Details
- Title
- Adolescent autonomy to make a 'catastrophically bad' decision informed by religious beliefs: To respect or protect?
- Creators
- Georgina Dimopoulos - Southern Cross UniversityMandy Shircore - Southern Cross UniversityEliza Hew - Southern Cross University
- Publication Details
- Alternative law journal, Vol.49(4), pp.274-281
- Publisher
- Sage Publications Ltd.
- Number of pages
- 8
- Identifiers
- 991013225800702368
- Copyright
- © The Author(s) 2024.
- Academic Unit
- Centre for Children and Young People; Faculty of Business, Law and Arts; Law
- Language
- English
- Resource Type
- Journal article