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Goodbye Gillick? Identifying and resolving problems with the concept of child competence.

Cave, Emma (2014) 'Goodbye Gillick? Identifying and resolving problems with the concept of child competence.', Legal studies., 34 (1). pp. 103-122.

Abstract

The landmark decision of Gillick v West Norfolk Area Health Authority was a victory for advocates of adolescent autonomy. It established a test by which the court could measure children's competence with a view to them authorising medical treatment. However, application of the test by clinicians reveals a number of ambiguities which are compounded by subsequent interpretation of Gillick in the law courts. What must be understood by minors in order for them to be deemed competent? At what point in the consent process should competence be assessed? Does competence confer on minors the authority to refuse as well as to accept medical treatment? These are questions which vex clinicians, minors and their families. A growing number of commentators favour application of parts of the Mental Capacity Act 2005 to minors. In this paper, the limitations of this approach are exposed and more radical reform is proposed.

Item Type:Article
Full text:(AM) Accepted Manuscript
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Status:Peer-reviewed
Publisher Web site:http://dx.doi.org/10.1111/lest.12009
Publisher statement:This is the peer reviewed version of the following article: Cave, E. (2014), Goodbye Gillick? Identifying and resolving problems with the concept of child competence. Legal Studies, 34 (1): 103–122, which has been published in final form at http://dx.doi.org/10.1111/lest.12009. This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.
Date accepted:No date available
Date deposited:25 February 2014
Date of first online publication:02 January 2018
Date first made open access:No date available

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