Teen Health Care Decisions : How Maturity and Social Policy Affect Four Hard Cases
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Date
2017-05-10
Authors
Harris, Leslie Joan
Journal Title
Journal ISSN
Volume Title
Publisher
Emerald Publishing Limited
Abstract
Legal standards that allow teens to make health care decisions, or any important decisions, must account for the contingency and variability of minors’ capacity. Traditional law denied minors’ legal authority to make any decisions, giving all power to parents. This rule goes too far; the Supreme Court has held that minors have constitutionally protected autonomy-based rights, and modern views about adolescence are inconsistent with the rule. The question is how and where to draw lines. Legal standards are based on minors’ evolving maturity, policy favoring decisions that follow medical advice, and policy supporting parental authority. This paper uses four hard cases to show how these considerations factor into legal rules.
Description
34 pages
Keywords
Health care, Teenagers, Social policy, Rights of minors, Maturity
Citation
Leslie Joan Harris, "Teen Health Care Decisions: How Maturity and Social Policy Affect Four Hard Cases” In Studies in Law, Politics, and Society. Published online: 10 May 2017; 185-217. Permanent link to this document: https://doi.org/10.1108/S1059-433720170000072006