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Adolescent Consent and Confidentiality in the UK

Cave, Emma

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Abstract

In R (Axon) v Secretary of State for Health the Gillick competence test was confirmed. Commitment to childhood autonomy and privacy rights caused renewed academic criticism of the 'refusal' cases. This paper considers the form any changes to the law may take, and the potential consequences for the rights of parents and young people. Silber J.'s contention that parental Article 8 rights cease when the child makes a competent decision is potentially problematic if applied to refusal cases, especially in the context of the distinction between competence to consent to treatment and to the disclosure of information.

Journal Article Type Article
Publication Date Jan 1, 2009
Deposit Date Jul 10, 2013
Publicly Available Date May 21, 2014
Journal European Journal of Health Law
Print ISSN 0929-0273
Electronic ISSN 1571-8093
Publisher Brill Academic Publishers
Peer Reviewed Peer Reviewed
Volume 16
Issue 4
Pages 309-331
DOI https://doi.org/10.1163/092902709x12506817652775
Keywords Consent, Privacy, Children, Gillick, Confidentiality, Axon.
Public URL https://durham-repository.worktribe.com/output/1480919

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