Reflecting on 'Hannah's Choice': Using the Ethics of Care to Justify Child Participation in End of Life Decision-Making.


Journal

Medical law review
ISSN: 1464-3790
Titre abrégé: Med Law Rev
Pays: England
ID NLM: 9308945

Informations de publication

Date de publication:
01 Feb 2020
Historique:
pubmed: 2 7 2019
medline: 27 10 2020
entrez: 2 7 2019
Statut: ppublish

Résumé

It has been ten years since the case of Hannah Jones-the 12-year-old girl who was permitted to refuse a potentially life-saving heart transplant. In the past decade, there has been some progress within law and policy in respect of children's participatory rights (UNCRC-Article 12), and a greater understanding of family-centred decision-making. However, the courts still largely maintain their traditional reluctance to find children Gillick competent to refuse medical treatment. In this article, I revisit Hannah's case through the narrative account provided by Hannah and her mother, to ascertain what lessons can be learnt. I use an Ethics of Care framework specially developed for children in mid-childhood, such as Hannah, to argue for more a creative and holistic approach to child decision-making in healthcare. I conclude that using traditional paradigms is untenable in the context of palliative care and at the end of life, and that the law should be able to accommodate greater, and even determinative, participation of children who are facing their own deaths.

Identifiants

pubmed: 31257451
pii: 5525252
doi: 10.1093/medlaw/fwz011
doi:

Types de publication

Journal Article

Langues

eng

Sous-ensembles de citation

IM

Pagination

124-154

Informations de copyright

© The Author(s) 2019. Published by Oxford University Press; All rights reserved. For permissions, please email: journals.permissions@oup.com.

Auteurs

Kirsty L Moreton (KL)

School of Law, Keele University, Keele, UK.

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