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Chapter 16 - Treatment without Consent

from Part IV - Autonomy

Published online by Cambridge University Press:  13 August 2018

Mike Shaw
Affiliation:
Tavistock Clinic
Sue Bailey
Affiliation:
Academy of Medical Royal Colleges
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Summary

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Chapter
Information
Justice for Children and Families
A Developmental Perspective
, pp. 138 - 144
Publisher: Cambridge University Press
Print publication year: 2018

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References

References

Committee on the Rights of the Child (CRC Committee) (2009) General Comment No. 12: The right of the child to be heard, CRC/C/GC/12.Google Scholar
Committee on the Rights of the Child (CRC Committee) (2013) General Comment No. 14: On the right of the child to have his or her best interests taken as a primary consideration, CRC/C/GC/14.Google Scholar
Department of Constitutional Affairs (2007) Mental Capacity Act 2005 Code of Practice. London: The Stationery Office.Google Scholar
Department of Health (2009) Reference Guide to Consent for Examination of Treatment, 2nd edn. London: The Stationery Office.Google Scholar
Department of Health (2015) Mental Health Act 1983: Code of Practice. London: The Stationery Office.Google Scholar
Feldman, D. (2002) Civil Liberties and Human Rights in England and Wales, 2nd edn. Oxford: Oxford University Press.Google Scholar
Fovargue, S. and Ost, S. (2013), Does the theoretical framework change the legal end result for mature minors refusing medical treatment or creating self-generated pornography? Medical Law International, 13(1), 6.Google Scholar
Fortin, J. (2009) Children’s Rights and the Developing Law, 3rd edn. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Fortin, J. (2014) Children’s rights: flattering to deceive? Child and Family Quarterly, 26(1), 51.Google Scholar
Human Rights Joint Committee (2015) Eight Report: The UK’s compliance with the UN Convention on the Rights of the Child, HL Paper 144, HC 1016.Google Scholar
Law Commission (2017) Mental Capacity and Deprivation of Liberty, Law Com No. 372. London: The Stationery Office.Google Scholar

Cases

An NHS Foundation Trust Hospital v. P [2014] EWHC 1650 (Fam).Google Scholar
Gillick v. West Norfolk and Wisbech Area Health Authority [1986] AC 112.Google Scholar
Hewer v. Bryant [1970] 1 QB 357.Google Scholar
Nada v. Switzerland (2012) Application no. 10593/08, 12 September.Google Scholar
Neulinger and Shuruk v. Switzerland (2010) Application no. 41615/07, 6 July.Google Scholar
Nielsen v. Denmark (1988) Application no. 10929/84 28, 28 November.Google Scholar
M. A. K. and R. K. v. United Kingdom (2010) Application nos. 45901/05 and 40146/06, 23 March.Google Scholar
Rabone v. Pennine Care NHS Trust [2012] UKSC 2.Google Scholar
Re A-F (Children) [2018] EWHC 138 (Fam).Google Scholar
Re D (A Child) [2017] EWCA Civ 1695.Google Scholar
Re P (Medical Treatment: Best Interests) [2003] EWHC 2327 (Fam), [20014] 2 FLR 1117.Google Scholar
Re R (A Minor) (Wardship: Consent to Treatment) [1992] Fam 11.Google Scholar
Re S (Child as parent) [2017] EWHC 2729 (Fam).Google Scholar
Re T (Adult: Refusal of Medical Treatment) [1992] 4 All ER 649.Google Scholar
Re W (A minor) (Medical Treatment: Court’s Jurisdiction [1993] Fam 64.Google Scholar
X v. Finland (2012) Application no. 34806/04, 3 July 2012.Google Scholar
ZH (Tanzania) v. Secretary of State for the Home Department [2011] UKSC 4, [2011] 2 AC 166.Google Scholar

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