Rights of the Child?

[ItsAllGoingToBeFine]

There have ben lots of debates on MN about pros/cons of vaccinations, people refusing their kids blood transfusions, freebirthing etc.

What I am wondering is do /unborn babies/babies/children have any standalone rights (legally as opposed to morally) or is it purely the wishes of the parents that are considered?

AFAIK the only way which children have legal rights on those kind of issues is if a court takes away parental responsibility from the parent.

When it comes to vaccinations, there are genuinely views on both sides about what is the best course of action - the state can't intervene to say a child must be vaccinated, when there is a risk that the vaccine could in itself cause harm.

Not sure what happens if arents refuse life-saving treatment for their child - I have an idea that doctors can involve the courts to intervene.

So the Hippocratic oath does not apply to children? If a child was going to indisputably die without an immediate blood transfusion the parents could could choose to refuse the transfusion and choose death for the child? The child has no intrinsic right to life?

It's complicated.

Under the UK law a foetus isn't a human unless it is born and is alive. If someone shoots a pregnant woman in the stomach and she survives and the baby dies then it's not murder or manslaughter, it will be GBH/ABH on behalf of the mother but the baby does not become a person of legal entity unless it is born alive.

Under the childrens act children have some rights however, the act itself just goes into what people should do for the child (social services investigations etc)

Legally, if a child is competent (is able to understand a procedure, the effects of not having it vs having it) then the court will side with the child but as maturity is subjective then changes with age.

A court can override the parental rights and responsibilities of parents, if a child needs a blood transfusion for example and the parents say no then the doctors can apply for the courts to allow them to transfuse. It's dodgy ground though as it takes time.

In an emergency the medical staff are legally obliged to do all they can unless there's a 'living will'/advanced directive/DNR stating that they are not to do this. If they are aware that a patient is not to be resucitated then it's legally assault if they try. Vaccines are not a medical emergency so it is assault to give one against the parents wishes, when the child is competent to consent then this is when the child's views are taken into account.

The hippocratic oath applies to everyone. Under the Human Rights Act aswell a doctor/nurse have to act.

www.childrenslegalcentre.com these are a really good source of information.