[Informed consent of minors--emphasizing the terminally ill]

Abstract

The article deals with the capacity of a minor about to undergo medical treatment to give informed consent, or the right to refuse and withhold such treatment. The paper discusses the applicability of the principles of The Patient's Rights Law to minors, in view of the provisions of the Legal Capacity and Guardianship Law, which categorically denies all minors the option to be involved in or participate in legal decisions, including those concerning their medical treatment. In view of the mental capacity of present day minors, and the principle on which informed consent is based, it seems that the "modern" minor's developing skills surpass those that were attributed to the minor in the 1960s, at the time when the Legal Capacity Law was enacted. It is suggested that it is our legal and moral obligation to modify the current legal state, as minors do not possess the right to participate in decisions concerning their own medical procedures, but for rare specific exceptions. This article was written in line with the practice adopted worldwide concerning the rights available to minors within the medical system, the United Nations Convention on the Rights of the Child, the Report of Judge Rotlevy's Commission and the Terminally Ill Patient Law. The paper attempts to generate a conceptual and cultural change in the attitude of the medical system towards the care of minors and their families.