On the Child's Right to Bodily Integrity: When Is the Right Infringed?

Joseph Mazor1

  • 1Duke Kunshan University, Kunshan, China.

Insights

This study argues that "best-interests conceptions" of a child's bodily integrity are superior to "encroachment conceptions." Best-interests approaches better justify beneficial, non-necessary medical interventions for children.

Area of Science:

  • Bioethics
  • Child Rights Philosophy
  • Medical Ethics

Background:

  • The concept of bodily integrity is crucial for both children and adults.
  • Existing ethical frameworks struggle to adequately address interventions in children's bodies.
  • Two main philosophical approaches, encroachment and best-interests, are debated.

Purpose of the Study:

  • To compare and evaluate two competing conceptions of the pre-autonomous child's right to bodily integrity.
  • To determine which conception offers a more plausible ethical framework for child welfare.
  • To analyze the implications of each conception for medical interventions and moral distinctions.

Main Methods:

  • Philosophical argumentation and conceptual analysis.
  • Comparison of ethical implications of two distinct theoretical frameworks.
  • Examination of consistency with established principles of adult bodily integrity.

Main Results:

  • Best-interests conceptions are argued to be more plausible than encroachment conceptions.
  • Best-interests conceptions better accommodate ethically permissible, non-medically necessary beneficial interventions.
  • Best-interests conceptions more effectively distinguish between interventions for self-benefit versus benefit to others.

Conclusions:

  • The article advocates for best-interests conceptions as the superior ethical model for child bodily integrity.
  • This framework aligns better with moral intuitions regarding beneficial interventions and adult rights.
  • Adopting best-interests conceptions provides a more robust ethical foundation for child welfare decisions.

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