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Informed consent for children
Claude Ecoffey1, Bernard Dalens
1Department of Anaesthesia and Surgical, Intensive Care 2, Pontchaillou Hospital, University of Rennes, France. cEcoffey.rennes@invivo.edu
Insights
In pediatric healthcare, a child
Area of Science:
- Pediatric healthcare ethics
- Medical law and ethics
- Child and adolescent health
Background:
- Informed consent is a cornerstone of the physician-child/parent relationship, prioritizing ethical communication.
- Historically, consent in pediatrics has been complex, balancing parental rights with the child's evolving autonomy.
- Ethical considerations often outweigh legal requirements in pediatric consent discussions.
Purpose of the Study:
- To review the complexities of obtaining consent in pediatric healthcare.
- To examine the age of competence for giving consent and the role of parental consent.
- To discuss child assent and refusal in clinical research and healthcare decisions.
Main Methods:
- Literature review of ethical and legal frameworks for pediatric consent.
- Analysis of key themes including competence, parental roles, and research participation.
- Exploration of moral viewpoints on minor decision-making capacity.
Main Results:
- The age of competence and parental roles are central to pediatric consent.
- Child assent and refusal in research participation present unique ethical challenges.
- Existing legal frameworks for consent in pediatrics are complex and varied.
Conclusions:
- Minors with decision-making capacity should be involved in their healthcare, irrespective of age.
- Ethical practice supports shared decision-making, even when parental consent is legally required.
- Reconciling legal requirements with the moral imperative of respecting a child's autonomy is crucial.
Purpose Of Review:
Consent has always been an essential element in the physician-child/parent relationship, more importantly as an ethical duty than as a legal requirement, and continues to represent the most important form of communication between children and parents and physicians.
Recent Findings:
The main themes described in this review - the age of competence to give consent and the role of the parents in giving consent - constitute the complex situation of consent in paediatrics. Refusal by children and parents and consent by children for participation in clinical research studies are also discussed.
Summary:
This review supports the moral viewpoint that minors with decision-making capacity, regardless of their age, should be involved in their healthcare decisions, even if the law is to have consent from parents or legal guardians.
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