SOME ISSUES OF THE CHILD'S RIGHT TO HEALTH

Authors

DOI:

https://doi.org/10.46991/SL/2023.97.047

Keywords:

child, child’s right to health, medical care and services, consent to medical intervention, parental decision-making, conditions for obtaining consent

Abstract

The article discusses and analyzes the issue of ensuring the child's participation in the decision-making process related to health condition, particularly from the point of view of giving the child's consent for medical intervention, as well as the issue of parents' participation in the decision-making process related to the child's health condition.

As a result of the conducted analysis, it is justified that the child should not act as a passive observer in the decision-making process related to the health condition, but at the same time, the role of the child in the mentioned process should not be absolute.

In the context of medical care and service, the child's age, level of maturity, ability to make decisions independently, the nature of the medical care and services to be provided due to the child's health condition, and the urgency of providing medical intervention are distinguished as circumstances for taking the child's opinion into account.

The article also highlights the main conditions for obtaining a child's consent for medical intervention.

In the framework of the work, it is justified that, from the point of view of solving the issue of providing medical care and services to the child, a more flexible approach should be adopted, and it should be considered legitimate for one parent to make decisions regarding the health care of the child in cases (for example, in the context of urgent medical care and services), when it is in the interests of the child, taking into account the health condition of the child.

Author Biographies

Shushanik Ghukasyan , Yerevan State University

Lecturer at YSU Chair of Civil law,
Candidate of Legal Sciences

Arpine Hovhannisyan, Yerevan State University

Associate professor at the YSU Chair of Civil law,
Candidate of Legal Sciences

Published

2024-05-15