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Parental Rights Best Interests And Significant Harms
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Book Synopsis Parental Rights, Best Interests and Significant Harms by : Imogen Goold
Download or read book Parental Rights, Best Interests and Significant Harms written by Imogen Goold and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The question of whether and how decisions are made in respect of a child's medical treatment has become a matter of significant public controversy following the highly publicised cases of Charlie Gard (Great Ormond Street Hospital v Yates [2017]) and Alfie Evans (Alder Hey Children's NHS Foundation Trust v Evans et al [2018]). In light of this background, this timely collection brings together commentators from law, medical ethics and clinical medicine, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In particular, the collection looks at whether the current 'best interests' threshold is the appropriate boundary for legal intervention, or whether it is appropriate to adopt the 'risk of significant harm' approach proposed in Yates. Moreover, it explores the respective roles of parents, doctors and the courts and the possible risks of inappropriate state intrusion in parental decision-making, and how we might address them"--
Book Synopsis Parental Rights, Best Interests and Significant Harms by : Imogen Goold
Download or read book Parental Rights, Best Interests and Significant Harms written by Imogen Goold and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely collection brings together philosophical, legal and sociological perspectives on the crucial question of who should make decisions about the fate of a child suffering from a serious illness. In particular, the collection looks at whether the current 'best interests' threshold is the appropriate boundary for legal intervention, or whether it would be more appropriate to adopt the 'risk of significant harm' approach proposed in Gard. It explores the roles of parents, doctors and the courts in making decisions on behalf of children, actively drawing on perspectives from the clinic as well as academia and practice. In doing so, it teases out the potential risks of inappropriate state intrusion in parental decision-making, and considers how we might address them.
Book Synopsis Ethics, Conflict and Medical Treatment for Children E-Book by : Dominic Wilkinson
Download or read book Ethics, Conflict and Medical Treatment for Children E-Book written by Dominic Wilkinson and published by Elsevier Health Sciences. This book was released on 2018-08-05 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should happen when doctors and parents disagree about what would be best for a child? When should courts become involved? Should life support be stopped against parents’ wishes? The case of Charlie Gard, reached global attention in 2017. It led to widespread debate about the ethics of disagreements between doctors and parents, about the place of the law in such disputes, and about the variation in approach between different parts of the world. In this book, medical ethicists Dominic Wilkinson and Julian Savulescu critically examine the ethical questions at the heart of disputes about medical treatment for children. They use the Gard case as a springboard to a wider discussion about the rights of parents, the harms of treatment, and the vital issue of limited resources. They discuss other prominent UK and international cases of disagreement and conflict. From opposite sides of the debate Wilkinson and Savulescu provocatively outline the strongest arguments in favour of and against treatment. They analyse some of the distinctive and challenging features of treatment disputes in the 21st century and argue that disagreement about controversial ethical questions is both inevitable and desirable. They outline a series of lessons from the Gard case and propose a radical new ‘dissensus’ framework for future cases of disagreement. This new book critically examines the core ethical questions at the heart of disputes about medical treatment for children. The contents review prominent cases of disagreement from the UK and internationally and analyse some of the distinctive and challenging features around treatment disputes in the 21st century. The book proposes a radical new framework for future cases of disagreement around the care of gravely ill people.
Book Synopsis Before the Best Interests of the Child by : Joseph Goldstein
Download or read book Before the Best Interests of the Child written by Joseph Goldstein and published by Simon and Schuster. This book was released on 1986-02-24 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume in a classic trilogy of reference works often cited in child custody cases, which introduced the concept of the “least detrimental alternative” when addressing a child’s welfare. The second volume in a classic trilogy of works by Joseph Goldstein, former Sterling Professor Emeritus of Law at Yale Law School; Albert J. Solnit, the former director of the Yale Child Study Center, and Anna Freud, daughter of Sigmund Freud. These texts (Beyond the Best Interests of the Child was the first in the series, and In the Best Interests of the Child was the third) are classic references often cited in child custody cases; Before the Best Interests of the Child specifically addresses when the state should intervene. Rather than the familiar legal "best interests of the child" doctrine, the authors’s work is based on the more realistic standard of finding the "least detrimental alternative." This is indispensable reading for social workers, family court judges, lawyers, psychologists, and parents.
Book Synopsis Not in the Child's Best Interest by : Ron Palmer
Download or read book Not in the Child's Best Interest written by Ron Palmer and published by Ron B Palmer. This book was released on 2013-05-25 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: You Can Protect Your Children in Divorce You can stop the divorce court from invading your privacy You can stop the illegal family studies You can limit the judges authority to rip your life apart You can stop the personal attacks on your parenting style You can stop the system from hurting your child You can stop the system from making you broke You can learn to protect those you love most The Divorce Industry takes BILLIONS of dollars from our children every single year! STOP THEM NOW! This book will give you the arguments, the legal framework for stopping the divorce custody machine dead in its tracks. This book will show you how to stop giving up your rights to your children. Your children need you in their lives. The most important thing you can do to give your child a future is to remain a full parent in their lives. To retain equal time to show them love and to teach them through your daily example. Children do best in life when they have two fit parents active in their lives. Your right to the care, custody and control over your child is a Fundamental Liberty, just as your right to free speech is, or your right to freedom of religion is a Fundamental Liberty. Your child has the right to associate with you and to have you as a parent, not a visitor, in their life. You and your child have privacy rights in your family life that are between you and your child as individuals. They do NOT come from the marriage, and, if you are a natural parent, they do NOT come from the Government. If you let them, the State will take your rights adn do with them what they please. Knowledge is Power! Know your Rights! Protect Your Children
Book Synopsis Medical Decision-Making on Behalf of Young Children by : Imogen Goold
Download or read book Medical Decision-Making on Behalf of Young Children written by Imogen Goold and published by Bloomsbury Publishing. This book was released on 2020-09-17 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention and the different balances that can be made in weighing up the rights and interests of the child, the parent's rights and responsibilities and the role of medical professionals and the courts. This collection provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia. Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate on the issues. The book brings together commentators from the fields of law, medical ethics, and clinical medicine across the world, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In doing so, the collection offers comprehensive treatment of the key questions around whether the current best interests approach is still appropriate, and if not, what the alternatives are. It engages head-on with the concerns seen in both the academic and popular literature that there is a need to reconsider the orthodoxy in this area.
Book Synopsis The Ethics of Parenthood by : Norvin Richards
Download or read book The Ethics of Parenthood written by Norvin Richards and published by Oxford University Press. This book was released on 2010-07-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Ethics of Parenthood Norvin Richards explores the moral relationship between parents and children from slightly before the cradle to slightly before the grave. Richards maintains that biological parents do ordinarily have a right to raise their children, not as a property right but as an instance of our general right to continue whatever we have begun. The contention is that creating a child is a first act of parenthood, hence it ordinarily carries a right to continue as parent to that child. Implications are drawn for a wide range of cases, including those of Baby Jessica and Baby Richard, prenatal abandonment, babies switched at birth and sent home with the wrong parents, and families separated by war or natural disaster. A second contention is that children have a claim of their own to have their autonomy respected, and that this claim is stronger the better the grounds for believing that what the child's actions express is a self of the child's own. A final set of chapters concern parents and their grown children. Views are offered about what duties parents have at this stage of life, about what is required in order to treat grown children as adults, and about what obligations grown children have to their parents. In the final chapter Richards discusses the contention that parents sometimes have an obligation to die rather than permit their children to make the sacrifices needed to keep them alive, arguing that a leading view about this undervalues both love and autonomy.
Book Synopsis Implementing Article 3 of the United Nations Convention on the Rights of the Child by : Elaine E. Sutherland
Download or read book Implementing Article 3 of the United Nations Convention on the Rights of the Child written by Elaine E. Sutherland and published by Cambridge University Press. This book was released on 2016-12-22 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Convention on the Rights of the Child is acknowledged as a landmark in the development of children's rights. Article 3 makes the child's best interests a primary consideration in all actions concerning children and requires States Parties to ensure their care and protection. This volume, written by experts in children's rights from a range of jurisdictions, explores the implementation of Article 3 around the world. It opens with a contextual analysis of Article 3, before offering a critique of its implementation in various settings, including parenting, religion, domestic violence and baby switching. Amongst the themes that emerge are the challenges posed by the content of 'best interests', 'welfare' and 'well-being'; the priority to be accorded them; and the legal, socioeconomic and other obstacles to legislating for children's rights. This book is essential for all readers who interact with one of the Convention's most fundamental principles.
Book Synopsis Children in Medical Research by : Lainie Friedman Ross
Download or read book Children in Medical Research written by Lainie Friedman Ross and published by OUP Oxford. This book was released on 2006-02-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lainie Ross presents a rigorous critical investigation of the development of policy governing the involvement of children in medical research. She examines the shift in focus from protection of medical research subjects, enshrined in post-World War II legislation, to the current era in which access is assuming greater precedence. Infamous studies such as Willowbrook (where mentally retarded children were infected with hepatitis) are evidence that before the policy shift protection was not always adequate, even for the most vulnerable groups. Additional safeguards for children were first implemented in many countries in the 1970s and 1980s; more recent policies and guidelines are trying to promote greater participation. Ross considers whether the safeguards work, whether they are fair, and how they apply in actual research practice. She goes on to offer specific recommendations to modify current policies and guidelines. Ross examines the regulatory structures (e.g. federal regulations and institutional review boards), the ad hoc policies (e.g. payment in pediatric research and the role of schools as research venues), the actual practices of researchers (e.g. the race/ethnicity of enrolled research subjects or the decision to enroll newborns) as well as the decision-making process (both parental permission and the child's assent), in order to provide a broad critique. Some of her recommendations will break down current barriers to the enrolment of children (e.g. permitting the payment of child research subjects; allowing healthy children to be exposed to research that entails more than minimal risk without requiring recourse to 407 panels); whereas other recommendations may create new restrictions (e.g., the need for greater protection for research performed in schools; restrictions on what research should be done in the newborn nursery). The goal is to ensure that medical research is done in a way that promotes the health of current and future children without threatening, to use the words of Hans Jonas, 'the erosion of those moral values whose loss . . . would make its most dazzling triumphs not worth having'.
Book Synopsis What's Wrong with Children's Rights by : Martin Guggenheim
Download or read book What's Wrong with Children's Rights written by Martin Guggenheim and published by Harvard University Press. This book was released on 2007-09-30 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Children's rights": the phrase has been a legal battle cry for twenty-five years. But as this provocative book by a nationally renowned expert on children's legal standing argues, it is neither possible nor desirable to isolate children from the interests of their parents, or those of society as a whole. From foster care to adoption to visitation rights and beyond, Martin Guggenheim offers a trenchant analysis of the most significant debates in the children's rights movement, particularly those that treat children's interests as antagonistic to those of their parents. Guggenheim argues that "children's rights" can serve as a screen for the interests of adults, who may have more to gain than the children for whom they claim to speak. More important, this book suggests that children's interests are not the only ones or the primary ones to which adults should attend, and that a "best interests of the child" standard often fails as a meaningful test for determining how best to decide disputes about children.
Book Synopsis The Oxford Handbook of Children's Rights Law by : Jonathan Todres
Download or read book The Oxford Handbook of Children's Rights Law written by Jonathan Todres and published by Oxford University Press. This book was released on 2020-02-19 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.
Book Synopsis Medical Treatment of Children and the Law by : Jo Bridgeman
Download or read book Medical Treatment of Children and the Law written by Jo Bridgeman and published by Routledge. This book was released on 2020-11-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions as to why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions. It argues for a reframing of the law concerned with the medical treatment of children to one which better protects the welfare of the individual child, within the context of family relationships recognising the duties which professionals have to care for the child and that the welfare of children is a matter of public interest, protected through the intervention of the state. This book undertakes a rigorous critical analysis of the case law concerned with the provision of medical treatment to children since the first reported cases over forty years ago. It argues that understanding of the cases only as disputes over the best interests of the child, and judicial resolution thereof, fails to recognise professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities and which justify public, or state, intervention into family life and parental decision-making. Whilst the principles and approach of the court established in the early cases endure, the nature and balance of these responsibilities to children in their care need to be understood in the changing social, legal, and political context in which they are exercised and enforced by the court. The book will be a valuable resource for academics, students, and practitioners of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing, and Bioethics.
Book Synopsis Beyond the Best Interests of the Child by : Joseph Goldstein
Download or read book Beyond the Best Interests of the Child written by Joseph Goldstein and published by Simon and Schuster. This book was released on 1984-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three distinguished authorities in law, psychiatry, and child development critically evaluate current child placement laws.
Book Synopsis The Best Interests of the Child by : Joseph Goldstein
Download or read book The Best Interests of the Child written by Joseph Goldstein and published by Simon and Schuster. This book was released on 1996 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The least detrimental alternative", the authors' seminal principle for safeguarding a child's growth and development by minimizing intrusions of the law, has been cited in more than 1,000 child custody cases since 1973.
Book Synopsis The Best Interests of the Child in Healthcare by : Sarah Elliston
Download or read book The Best Interests of the Child in Healthcare written by Sarah Elliston and published by Routledge. This book was released on 2007-11-06 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Topical and compelling, this volume provides an excellent re-evaluation of the ‘best interests’ test in the healthcare arena; the ways in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children. Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications. It includes discussions on: the extent to which a child’s body can be examined, operated on and affected by medicines, devices or procedures intended to bring about medical change the appropriate scope of parental choice and authority and at what stage of their development children should be allowed to make their own decisions the response to situations where the interests of children may be in conflict – the cases of conjoined twins or the donation of organs to siblings. This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine.
Book Synopsis Human Rights in Child Protection by : Asgeir Falch-Eriksen
Download or read book Human Rights in Child Protection written by Asgeir Falch-Eriksen and published by Springer. This book was released on 2005-01-01 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states. .
Author :American Medical Association. Council on Ethical and Judicial Affairs Publisher :American Medical Association Press ISBN 13 : Total Pages :60 pages Book Rating :4.3/5 (91 download)
Book Synopsis Reports on Managed Care by : American Medical Association. Council on Ethical and Judicial Affairs
Download or read book Reports on Managed Care written by American Medical Association. Council on Ethical and Judicial Affairs and published by American Medical Association Press. This book was released on 1998 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics in the era of managed care This collection of AMA Council Reports from 1990 to 1997 examine a variety of ethical issues concerning managed care. Report topics include financial incentives to limit care, cost containment involving prescription drugs, restrictions on disclosure in managed care contracts, ethical issues in negotiating discounts for specialty care, capitation, and more. An analysis of current issues in medical ethics is also included.
