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Parental Rights, Best Interests and Significant Harms

Medical Decision-Making on Behalf of Children Post-Great Ormond Street Hospital v Gard

Format: Hardback
Publisher: Bloomsbury Publishing PLC, Oxford, United Kingdom
Imprint: Hart Publishing
Published: 28th Nov 2019
Dimensions: w 164mm h 242mm d 25mm
Weight: 542g
ISBN-10: 1509924892
ISBN-13: 9781509924899
Barcode No: 9781509924899
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Synopsis
This timely collection brings together philosophical, legal and sociological perspectives on the crucial question of who should make decisions 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 would be more appropriate to adopt the 'risk of significant harm' approach proposed in Gard. It explores the roles of parents, doctors and the courts in making decisions on behalf of children, actively drawing on perspectives from the clinic as well as academia and practice. In doing so, it teases out the potential risks of inappropriate state intrusion in parental decision-making, and considers how we might address them.

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In this important collection, the editors bring together a range of perspectives, including clinical, legal and philosophical, with a view to informing the debate as to whether the law should change. Crucially, it is a book that has a real chance of informing that debate because of the way in which the editors have approached their task. -- Alex Ruck Keene, 39 Essex Chambers * Mental Capacity Law and Policy Blog *