Forward, Gillick

Are competent children autonomous medical decision makers? New developments in Australia

Nicholas J. Lennings

Research output: Contribution to journalArticle

2 Citations (Scopus)
66 Downloads (Pure)

Abstract

Another chapter has opened in the tortured history of the status of Gillick competence. Never before has Gillick been extended to permit a mature child to make autonomous medical decisions over and above the curial 'parens patriae' power. In 2013, two judicial decisions promulgated from different Australian courts are in conflict over this most fundamental of questions. This Article situates the law of the 'parens patriae' power in Australia and, drawing on overseas conceptualizations of analogous doctrine, explores the bases for and potential consequences of this conflict.
Original languageEnglish
Pages (from-to)459-468
Number of pages10
JournalJournal of law and the biosciences
Volume2
Issue number2
DOIs
Publication statusPublished - Jul 2015

Bibliographical note

Copyright the Author(s) 2015. Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.

Keywords

  • Gillick competence
  • Parens patriae power
  • Children and medical decision-making

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