Coming of Age: Devising Legislation for Adolescent Medical Decision-Making

Abstract

A substantial segment of the American population consists of adolescents. Adolescents, defined as persons between the ages of fourteen and eighteen, have traditionally been regarded as “minors” by law. Minors, as a group, are legally disabled, meaning they are presumed to lack the skills necessary for capable decision-making. Capable decision-making is requisite to the exercise of legal rights. Although the U.S. Supreme Court has extended federal constitutional guarantees to minors, including the liberty right for decision-making in intimate, personal matters, the Supreme Court has observed that vulnerability impairs their decision-making capability. Accordingly, the law regulates decision-making liberties of minors far more extensively than those of adults.The underlying tenet of law governing adolescents—that they lack the skills required for capable decision-making—seems well-settled. It is an artifact from an industrial society that spawned legislation authorizing governmental regulation of adolescents for education and labor in order to protect and promote their health and well-being.

Ethical decision making in rehabilitation: Consideration of Latino cultural factors.

“…We have previously discussed minor status and the concept of competency and have recommended strategies for acquiring assent that helps psychologists meet their ethical obligations while taking into account the evolving nature of decision-making capacity in individuals with TBI (Hanson & Kerkhoff, 2004). Other excellent discussions on pediatric assent, developmental level, and legal considerations are provided by Hartman (2002), the American Academy of Pediatrics Committee on Bioethics (1995), and Kuther (2003). In the case presented here, the Garzas and Cesar would be involved in decision making given Cesar's status as a nonemancipated, older minor.…”

Young women’s autonomy and information needs in the schools-based HPV vaccination programme: A qualitative study

“…Globally, the United Nations Convention on the Rights of the Child recognises the right for all children and young people to participate in decisionmaking processes which involve them [5]. In certain areas of healthcare, predominantly sexual and reproductive treatment, there is now a precedent to consider young people's capacity to self-consent, as parental consent is viewed as counterproductive in ensuring access to preventative treatment [6].…”