Work

Adolescent autonomy to make a ‘catastrophically bad’ decision informed by religious beliefs: To respect or protect?

Year: 2024

Type: article

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.

Source: Alternative Law Journal

DOI: 10.1177/1037969x241289740

Authors: Georgina Dimopoulos, Mandy Shircore, Eliza Hew

Institution: Southern Cross University

Language: English

Topic: Ethics and Legal Issues in Pediatric Healthcare

Subfield: Pediatrics, Perinatology and Child Health

Field: Medicine

Domain: Health Sciences

SDGs: Peace, justice, and strong institutions, Good health and well-being

Open Access status: hybrid

Estimated APC paid: $3,450