Download e-book for kindle: Parental Responsibility, Young Children and Healthcare Law by Jo Bridgeman

By Jo Bridgeman

ISBN-10: 0511286198

ISBN-13: 9780511286193

ISBN-10: 0521863120

ISBN-13: 9780521863124

This publication offers a accomplished exam of the criminal legislation of the availability of healthcare to children in England and Wales. A serious research is given at the legislations governing the supply of healthcare to younger and established childrens choosing an knowing of the kid as susceptible and short of safety, together with from his or her personal mom and dad. The argument is made for a conceptual framework of relational tasks which might make sure that attention is given to the desires of the kid as somebody, to the stories of folks won as they take care of their baby and that the broader context, akin to attitudes in the direction of incapacity, public future health matters or the aid and assets on hand, is tested. This publication makes a major contribution to realizing the legislations regulating the availability of healthcare to younger and based youngsters and to the advance of a discourse of accountability.

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Extra info for Parental Responsibility, Young Children and Healthcare Law

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266. 14 parental resp onsibilit y lacks awareness of their self as an independent existence and at which the child lacks any concept of the future. In this formulation, lives are valued even when the person lacks the capacity to value their own life. This notion of personhood is consistent with the understanding of the child as a living being situated in relationships with his or her parents; the self in relationship constitutive of responsibility: connected, attached and concerned rather than unattached, unaffected and individualistic.

49, at p. 8. In re C (a Child) (HIV Testing) [2000] 2 WLR 270, at 282. This case is analysed in chapter 4. , at p. 282. 24 parental resp onsibilit y mother had no rights as she had no independent legal status herself. 90 In Lord Fraser’s opinion, the current view was that: parental rights to control a child do not exist for the benefit of the parent. 91 A similar position was adopted by Lord Scarman, who stressed that parental rights are derived from parental duties: Parental rights clearly do exist, and they do not wholly disappear until the age of majority.

72 Furthermore, there is more obvious scope for examination in relation to resource allocation, as Laws J saw in the case of Jaymee Bowen, and issues of public health such as immunisation, in which the rights of the individual and the interests of others may conflict. 74 Relationships are implicit in rights-based theories given that the assertion of a right by one individual imposes duties to act or refrain from acting upon another. However, as Martha Minow and Mary Lyndon Shanley argue, relationships have been inadequately theorised in rights-based approaches.

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Parental Responsibility, Young Children and Healthcare Law by Jo Bridgeman

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