IBA Annual Conference Paris 2023
29 Oct - 3 Nov 2023
Room 342 B, Level 3
Session information
Consent and substitute decision making in relation to health and medical treatment of children, the disabled and the elderly - legal, ethical and human right issues
Monday 30 October (1115 - 1230)
Room 342 B, Level 3
Committee(s)
Law and Individual Rights Section
(Lead)
Family Law Committee
Healthcare and Life Sciences Law Committee
Indigenous Peoples Committee
Description
The issue of consent for children, the aged and the mentally disabled gives rise to a number of legal, ethical and human rights issues.
This session will include:
- At what age does the laws in various jurisdictions allow a child to decide for themselves?
- The younger child, is it really in the child's best interest or the interests of others?
- Can or should the consent of a capacious but underage young person be overridden?
- Elderly, disabled and incapacious; similar issues might arise with regards to best interests decisions in relation to restrictive practices (physical and chemical) - is it in the patients' best interest or the best interest of others?
- Compulsory treatment under mental health legislation - when should this be used and under what circumstances?
- Consent of children in relation to the disclosure of their personal information to their parents and/or family members.
Session / Workshop Chair(s)
| Alison Choy Flannigan | Hall and Wilcox, Sydney, New South Wales, Australia; Website Officer, Healthcare and Life Sciences Law Committee |
| Barbara Connolly | 7BR, London, England |
Speakers
| Rubens Granja | Lefosse Advogados, São Paulo, Brazil |
| Elisabeth Loukas | Law Office of Elisabeth H Loukas, Belmont, Massachusetts, USA; Chair, Family Law Committee |
| Zara Merali | Freshfields Bruckhaus Deringer, Dubai, United Arab Emirates |