Does "mature minor" status happen elsewere in the world?

by kwintestal 9 Replies latest watchtower medical

  • kwintestal
    kwintestal

    Just wondering ... In Canada minors can apply to the courts to get "mature minor" status and refuse medical treatments (ie. blood). This makes the news when it happens as it usually is a big deal. I've never heard of it going on elsewhere even though I often watch US news stations. Is there a process in other countries for this status? Is is a given in other countries that blood will be refused due to Freedom of Religion?

    Kwin

  • MidwichCuckoo
    MidwichCuckoo

    Makes me think - how does the blood issue apply to those baptised as minors -especially 7 year olds? Just goes to show - there is no way a 7 year old of non-dubs could / would ever be baptised ...so therefore they have no maturity to choose their religion or anything that entails.

  • rebel8
    rebel8

    We have something called "emancipated minor". It means that someone under 18 is no longer considered a minor for legal decision-making, such as medical stuff. I believe anyone under 18 that is married or is a parent is automatically considered emancipated, too.

  • kwintestal
    kwintestal

    Is it a given that someone who applies for this "emancipated minor" status is granted it? Does it usually make the news when someone applies for it and it is granted or refused?

    Kwin

  • kittyeatzjdubs
    kittyeatzjdubs

    i think you have to go to court and present your case to a judge.

    luv, jojo

  • kwintestal
    kwintestal

    bttt

    Kwin

  • talesin
    talesin

    Kwin, I've seen publicity about American celebrities who have gained this status, Drew Barrymore is the one who comes to mind, oh yes, and macauley culkin .. they had to go to court. It's such a huge population that 'regular' folks prolly don't get into the news.

    I wonder if you would have to prove financial independence to be designated 'mature minor'? hmmmm..

    t

  • RichieRich
    RichieRich

    I once considered looking into it.

    But, instead I decided to bide my time here at the homstead.

    I don't think its newsworthy though...

    maybe if its medical...

  • jgnat
    jgnat

    Here's some information.

    Canada: http://as01.ucis.dal.ca/dhli/cmp_ww/default.cfm#A4

    British: http://www.gmc-uk.org/standards/whwd.htm

    70. You must also take account of the relevant laws or legal precedents in this area17, which vary significantly between Scotland, England and Wales, and Northern Ireland. In particular you should bear in mind that:

    • At age 16 a young person can be treated as an adult and can be presumed to have capacity to decide.
    • Under age 16 children may have capacity to decide, depending on their ability to understand what is involved18.
    • Where a child lacks capacity to decide, a person with parental responsibility for the child may authorise or refuse treatment where they consider that to be in the child's best interests.

    71. The wishes of a child who has the capacity to decide whether to consent to or refuse a proposed treatment should normally be respected. However, the legal position in England and Wales means that, in some circumstances where a child has made a competent refusal of a treatment, a person with parental responsibility, or the courts, may nevertheless authorise the treatment where it is in the child's best interests19.

    Some recent updates, court cases: http://www.bma.org.uk/ap.nsf/Content/WW2Update/$file/WWupdate.pdf

    Here are a whole bunch of US examples, but you would have to pay for the full articles:

    http://archpedi.ama-assn.org/cgi/search?qbe=archpedi;157/10/1035&journalcode=archpedi&minscore=50

    Here's one that looked especially interesting: "Dying Young: Cues from the Courts"

    "the courts employed either an autonomy-based (focusing on a minor patient's right to refuse unwanted medical care) or a parens patriae-based (focusing on an assessment by the court, in its role as parens patriae, of the minor's best interests) approach."

    http://www.pitt.edu/~cep/81dyingyoung.html

    http://aappolicy.aappublications.org/cgi/content/full/pediatrics;106/2/351

    Australia:

    http://www.anzspm.org.au/guidelines/limitations.html

    Some more great links:

    http://palliative.info/pages/Position.htm

  • damselfly
    damselfly

    I don't think that it is especially considered news worthy to get emanicapated, unless like tale said they are famous. Rose Mcgowan was emanicapated after she left children of god.

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