La volontà del minore nelle decisioni relative alla salute

To examine the role of the child’s voice in healthcare decisions, one must begin with the notion of informed consent as it pertains to the child, and thus with the relevant international conventions, law no. 219/2017, and the ethical codes governing healthcare professions. These various sources reveal converging content: by enhancing the children’s capacity for understanding and decision-making, they lay the groundwork for their effective involvement in care decisions. The need to engage in dialogue with the child on therapeutic choices is framed within the broader right of the children to be heard “in all matters and procedures affecting them”, drawing a connection with the general provision set out in art. 315-bis of the Italian Civil Code. The paper focuses on the role of the child’s opinion in judicial proceedings concerning medical treatments, with particular attention to conflicts between parents, between parents and healthcare providers, or between the minor and their legal representatives. A specific section is devoted to the case law concerning vaccination against COVID-19 in the minor population, as a revealing testing ground for the tensions between self-determination, parental responsibility, and judicial intervention. The essay concludes by analysing how the child’s right to be heard is applied within the typical statutory frameworks of minor or appropriate measures, most commonly prompted by therapeutic matters.