Yorkville University

Involvement and Autonomy of Minors in Medical Settings: Perceptions of Children Undergoing Surgery and Parents

From p. 1:

1. Introduction

• Respect for the will of children is highlighted in Article 12 of the United Nations Convention on the Rights of the Child [1]. This agreement recognizes children as rights holders, draws attention to their protection and provision of rights, the obligation to consider their best interests and evolving capacities to make sound decisions and participate in promoting their own welfare.
• The ability to make decisions can be defined by four standards: expressing a choice, understanding, reasoning, and appreciation[2,3]. To be competent enough, it is necessary that the subject has the mental capacity to make decisions, but they must also be responsible for the decision in the specific situation.

From p. 2:

• According to the English Gillick law, a competent child (or in the US a mature minor) ‘achieves a sufficient understanding and intelligence to enable him or her to understand fully what is proposed’ and ‘sufficient discretion to enable him or her to make a wise choice in his or her best interests’ [8].