Abstract
Medical care for children poses a challenge that is rarely experienced in adult medical care. The pediatric patient is under the authority of someone else, and they are rarely authorized to make the decisions that determine whether or not those procedures and interventions will take place. Further, most children follow a developmental process that leads them to the maturity of adulthood, and their development begins to raise the issue of where and when, along this process, a person should have the authority to take over decision making. These facts create a unique moral space for pediatric medicine.
All medical care aims at benefiting patients. What constitutes “benefit” for any particular patient, however, can be a struggle to determine. At the same time, “Who decides on benefit?” has equal moral weight. In the United States, we have come to see that in adult care autonomous adults are able to decide what is of benefit to themselves. The landscape is different in pediatrics. In fact, in pediatrics there is a presumption for parental authority over the decisions of their children. Pediatric decision making and parental authority, then, is governed by important moral precepts—the Best (or, at least, Reasonable) Interests Standard and the Harm Principle. As children mature, determining how robustly they should participate and even when or if they should have the authority to make their own healthcare decisions must be addressed, and precepts like the “mature minor doctrine” should be considered.
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Notes
- 1.
Nota Bene: the parental right (or authority) to make decisions should not be confused with the oft-used but mistaken concept of “parental autonomy” (cf. Ross 1998, 2019). Given that “autonomy” is the concept of “self-determination,” the only sense that a phrase “parental autonomy” can make is if we are talking about parents making decisions about themselves as parents. Parents making decisions about their children are not exercising “autonomy” but “authority.”
- 2.
European nations tend to interpret the UN Convention on the Rights of the Child as making the BIS an “intervention” principle. This use of the BIS not without its controversies (cf. Ross/Swota 2017; Hester/Lew/Swota 2015; Ross 2019). In the US the “harm principle” (discussed later) serves to delineate when to intervene.
- 3.
Note that in Europe, the BIS is defined and used differently. Interpretations of the UN Convention on the Rights of the child as well as certain country-specific laws have been interpreted as treating the BIS as an interventional principle, which is how it was applied in the well-known case of Charlie Gard (cf. Ross/Swota 2015).
- 4.
This principle, too, is not without its detractors. (cf. Bester 2016; Birchley 2015).
- 5.
Most states also have laws that can emancipate minors from the authority of their parents – whether that be for business decisions or for all decisions. There are typically clear criteria for conditions the minor must meet to be considered emancipated, and many states require a judicial order. Further, marriage of a minor can grant the minor authority over decisions about his/her health, and pregnancy will typically provide the pregnant minor authority both over many decisions about her pregnancy and about any resulting child from that pregnancy. Having a child of one’s own, however, does not always result in granting minor parent authority over her own healthcare.
- 6.
Debate exists around issue, with some arguing that minors are capable of mature decision making, while others, particularly in high stakes situations, argue that they simply are not capable of the reasoning and maturity necessary to grant them decisional authority. (Cf. Ross/Blustein/Clayton 2008; Steinberg 2007; Diekema 2011).
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Hester, D.M. (2022). Pediatric Ethics Issues and Clinical Ethics Consultation in the United States. In: Wasson, K., Kuczewski, M. (eds) Thorny Issues in Clinical Ethics Consultation. Philosophy and Medicine, vol 143. Springer, Cham. https://doi.org/10.1007/978-3-030-91916-0_23
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