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On the Child's Right to Bodily Integrity: When Is the Right Infringed?
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.
Abstract:
This article considers two competing types of conceptions of the pre-autonomous child's right to bodily integrity. The first, which I call encroachment conceptions, holds that any physically serious bodily encroachment infringes on the child's right to bodily integrity. The second, which I call best-interests conceptions, holds that the child's right to bodily integrity is infringed just in case the child is subjected to a bodily encroachment that substantially deviates from what is in the child's best interests. I argue in this article that best-interests conceptions are more plausible than encroachment conceptions. They have more attractive implications regarding the permissibility of interventions in children's bodies that are beneficial for the child but are not medically necessary. They are better able to explain the moral distinction between cases in which an encroachment on a child's body is needed to benefit that child and cases in which an encroachment on one child's body is needed to benefit another. Finally, best-interests conceptions are more consonant than encroachment conceptions with our understanding of adults' right to bodily integrity.
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