The child’s right to be heard displays some specific char- acteristics when it comes to health. Implementing inter- national obligations, domestic legislation in the health care context actually uses more detailed prescriptions, fleshed out by professional codes of ethics, with vari- ous instructions on how the child’s wishes should be assessed. An uneven composition of consents (among parents, patients-minors, medical personnel) opens the door to judicial intervention, and the precedents that have dealt with Covid-19 vaccination of the juvenile population offer a reference of solid case history. In this regard, a testing ground for the underlying issues can be found in the case law in the merits dealing with Covid-19 vaccination of the juvenile population. From here, the analysis moves on to a series of figures that compensate in different ways for the restrictions on parental responsibility: special curators, curators and referrers of child custody to services are all required to have an in-depth discussion with the child, especially when dealing with the child’s health.
Nicolò Cevolani (2023). L’ascolto del minore nei trattamenti sanitari. RESPONSABILITÀ MEDICA, 4, 427-439.
L’ascolto del minore nei trattamenti sanitari
Nicolò Cevolani
2023
Abstract
The child’s right to be heard displays some specific char- acteristics when it comes to health. Implementing inter- national obligations, domestic legislation in the health care context actually uses more detailed prescriptions, fleshed out by professional codes of ethics, with vari- ous instructions on how the child’s wishes should be assessed. An uneven composition of consents (among parents, patients-minors, medical personnel) opens the door to judicial intervention, and the precedents that have dealt with Covid-19 vaccination of the juvenile population offer a reference of solid case history. In this regard, a testing ground for the underlying issues can be found in the case law in the merits dealing with Covid-19 vaccination of the juvenile population. From here, the analysis moves on to a series of figures that compensate in different ways for the restrictions on parental responsibility: special curators, curators and referrers of child custody to services are all required to have an in-depth discussion with the child, especially when dealing with the child’s health.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.