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Commentary on the "family rule"

Alderson, P; (1999) Commentary on the "family rule". Journal of Medical Ethics , 25 (6) pp. 497-498. 10.1136/jme.25.6.497. Green open access

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The "family rule"paper by Dr Foreman proposes a way of resolving the present uncertainty about medical law on children's consent and refusal. This commentary reviews how doctors'decisions are already well protected by English law and respected by the courts. The 'family rule" appears to be likely only to complicate the already diffuse law on parental consent, and to weaken further the competent minor's position in cases of uncertainty and disagreement. It leaves the difficult questions about defining and assessing children 's competence unanswered. This commentary suggests that these questions would be better resolved through professionally determined standards of good practice that respect children and parents, rather than through rules or laws.

Type: Article
Title: Commentary on the "family rule"
Location: England
Open access status: An open access version is available from UCL Discovery
DOI: 10.1136/jme.25.6.497
Publisher version: http://dx.doi.org/10.1136/jme.25.6.497
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Consent; child; minor; competence; Gillick; parents
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > School of Education
UCL > Provost and Vice Provost Offices > School of Education > UCL Institute of Education
URI: https://discovery.ucl.ac.uk/id/eprint/1483867
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