Facebook
Twitter
YouTube
Consent to medical treatment - have your say!
Participate in a survey for the Law Reform Commission about consent to medical treatment for young people.
Please take part in the survey here. It will only take a few minutes!
Click here.
What is the Law Reform Commission?
The Law Reform Commission is an independent statutory body, created by the Law Reform Commission Act 1975. The Commission’s job is to keep the law under review and to conduct research with the aim of reforming the law, so that it’s clear and up to date.
How does the Commission work?
The Commission researches and writes a paper called a Consultation Paper. Once the Paper is published, people can make submissions which are taken into account before a final Report is published. The Report includes a list of recommendations to improve the law and a draft Bill. The Consultation Papers and Reports are sent to the government. The government examines the Consultation Papers and Reports and decides whether to implement all or some of the recommendations.
The Law Reform Commission has a 70% implementation rate. Some recent examples:
- Report on Aspects of Intercountry Adoption Law 2008 – Adoption Bill 2009.
- Report on Reform and Modernisation of Land Law 2005 – Land and Conveyancing Law Reform Act 2009.
- Report on Rights and Duties of Cohabitants 2006 - Civil Partnership Bill 2009.
What’s this got to do with me?
As part of the Commission’s current list of work, they are writing a Consultation Paper entitled Children and the Law, which looks at the law of consent to medical treatment by people under 18 years of age. There is no general law that says a person becomes an adult on a specific birthday, say 18. There are in fact many different laws on this, for example, a minor can be held responsible for criminal actions as young as 10 or 12, can engage in employment at 14 and can leave school at 16. Our Paper looks at the age at which people under 18 can or should be able to consent and refuse medical treatment.
Your opinions and experiences will give a practical understanding of the main issues involved. This will add greatly to the Consultation Paper, which will be published before Christmas.
Current law in Ireland
The law on this area is very complex, as it covers children’s rights, parent’s rights, constitutional issues, health concerns, social problems – it’s quite a tangled web.
The Non Fatal Offences Against the Person Act 1997 states that a person who has reached the age of 16 can consent to medical treatment. However, there is a lot of confusion over how the law works in practice. As you can see from its name, it possibly only applies as a defence in a criminal case, and doesn’t actually give 16 year olds a “right” as such to consent to medical treatment.
Law in other Countries
England and many other countries such as Canada, Australia and New Zealand follow the “mature minor rule” which is based on maturity and understanding, rather than age. The rule is based on a famous case known as the Gillick Case which was heard in the English courts in 1989. Basically, the mature minor rule means that a minor of any age can go to a doctor and request treatment. The doctor can treat him/her without parental knowledge or consent – but only if certain requirements are met, for example, the patient understands the nature of the treatment, his/her health will suffer without it and it is in his/her best interests.
What do you think?
The Consultation Paper is about the rights of children and the voice of the child - so we need to hear your voice. The issues involved are very important and affect lots of children and young people in Ireland so this is your chance to help us write a paper which, in turn, can help you. We are using a broad definition of medical treatment covering a wide variety of health concerns including mental and sexual health – issues which affect a lot of teenagers throughout the country. Consent to treatment also covers access to advice and information about health problems or possible treatments.
Remember - there are no right or wrong answers, the Commission just wants to hear your opinions.
Please take part in the survey here. It will only take a few minutes!
Click here.
