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A life or death choice

A British teenager went to court not to have surgery. And in SA, pre-teens may soon have rights when it comes to medical choices.

Adele Hamilton

Pic: iStockphoto.com

Article originally in Parent24

This week, 13-year-old Hannah Jones went before the High Court in London, for the right not to have heart surgery, according to News24.
The teen, who has been living with cancer since the age of five, had the support of her parents in making the decision not to undergo another risky procedure.

The idea of a young teen, barely into puberty, making such a momentous decision is painful on many levels. That she is in the situation in the first place is simply sad – and that she should need to go to court to defend her choices seems harsh. The case has since been dropped by health authorities.

Changes are afoot in South African law that would give 12 year olds the legal right to decide about their own medical treatment. “The age of consent for medical treatment is currently 14 and for surgery it is 18. This will change to 12 once the new Children’s Act comes into operation some time next year,” explains Prinslean Mahery, Legal Assistant at the Centre for Child Law at the University of Pretoria.

The new law will require children making decisions regarding surgery to be assisted by their parents or legal guardian, according to The Legal Guide to Age Thresholds for Children, written by Mahery with Paula Proudlock of the University of Cape Town’s Children’s Institute. There is also a proviso that a 12-year-old making such decisions “must be of sufficient maturity and mental capacity to understand the benefits, risks and social implications of the operation,” says the Legal Guide.

The law relating to medical procedures does not apply to termination of pregnancy, which is still the sole decision of the person who is pregnant, no matter what their age. "However, a termination of pregnancy may be refused if the pregnant teen is unable to give informed consent for the requested termination," explains Mahery. The law, which won’t change when the new Act comes in, states that a minor requesting a termination should be advised to consult with their parents.

What do you think of the new laws? Should 12 year olds be involved in making medical decisions?

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Ben

5/29/2009 9:06 PM

HI I AGREE WITH MARIA ON THIS ONE. I WAS AN ACTIVE MEMBER OF THE EMERGENCY MEDICAL FIRE AND RESCUE SERVICES FOR 17 YEARS AND I FEEL THAT A PARENT MUST STILL BE ABLE TO DECIDE TILL THEY ARE AT LEAST 18. THERE ARE SOME KIDS AT AGE OF 14 THAT IS IMMATURE TO MAKE THESE TYPES OF DECISIONS. ANY WAY IF THEY RULE FOR THE 12 YEAR OLD KIDS TO MAKE THESE TYPE OF DECISIONS? ALL OF OUR DOCTORS MUST GO AND STUDY CHILD BEHAVIOR COURCES TO BE ABLE TO SEE IF CHILD UNDERSTANDS WHAT IS GOING TO HAPPEN IF HE DOES REFUSE THE TREATMENT AND WHEL MAYBE WE WOULD HAVE KIDS WITH CHEQUE ACCOUNTS SOON

Maria

3/21/2009 11:34 PM

So who will decide if the 12 year olds are "of sufficient maturity and mental capacity to understand the benefits, risks and social implications of the operation"? At that age, and for several years thereafter, they are incapable of thinking about the future in anything other than fairly immediate terms. Let's say there is a hypothetical 12 year old with some knee problem. An operation must be done now, before he grows any more, otherwise he might be in a wheelchair by the age of 30. At 12 years old 30 sounds ancient, on the brink of the grave. 6 weeks in a cast sounds terribly long and unpleasant. Now young teen will consent to such a procedure. It is a parent's job and privilege to make important decisions like this on behalf of their kids.

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