Critically Ill Children and the Law - Medical Decision-Making and the Best Interests Principle

This book explores the best interests principle, and alternatives offered in the academic literature, to consider why the principle remains contentious despite its prevalence for addressing medical decisions for seriously ill children. It provides theoretical background, exploration of what occurs in practice, and proposes a novel approach.

List of contents

Introduction; Part A: Framing the issue: Has the pendulum swung too far?; 1. Who is responsible for identifying and upholding a child's best interests?; 2. Upholding minimum standards rather than enforcing best interests; Part B: When and how are a child's best interests upheld in practice?; 3. The application of the best interests principle by judges; upholding undefined interests; 4. Qualitative research with doctors; balancing issues beyond the child's interests; 5. Comparing the approaches of judges and doctors; the need to retain but further explain the best interests principle; Part C: A comprehensive explanation: Upholding a child's best interests through a human rights-based approach; 6. What is a human rights-based approach?; 7. How a human rights-based approach may inform decisions; 8. Applying a human rights-based framework; Conclusion; Appendix 1; Appendix 2

About the author

James Cameron undertakes legal policy and law reform work for the Victorian Government in Australia. James completed his PhD at the University of Melbourne and spent time as a visiting student at Oxford University.

Product details

• Authors: James Cameron, Cameron James
• Publisher: Taylor & Francis Ltd.
• Languages: English
• Product format: Paperback / Softback
• Released: 27.05.2025
• EAN: 9781032544779
• ISBN: 978-1-0-3254477-9
• No. of pages: 242
• Subjects: Humanities, art, music > Philosophy > General, dictionaries; Non-fiction book > Philosophy, religion > Philosophy: general, reference works; MEDICAL / Ethics, LAW / General, LAW / Medical Law & Legislation, LAW / Civil Rights, LAW / Comparative, Ethics & moral philosophy, Family Law, Ethics and moral philosophy, comparative law, Medical & healthcare law, Medical ethics and professional conduct, Medical ethics & professional conduct, Public international law: human rights, International human rights law, Medicolegal issues, Medical and healthcare law