Critically Ill Children and the Law

This book examines the complex and often contentious issue of medical treatment decisions for seriously ill children, focusing on the limitations of the “best interests” principle. Drawing on theoretical frameworks, case law, and qualitative research with pediatric doctors, it explores how the principle is applied in England and Wales, Australia, and New Zealand, highlighting the challenges and controversies in practice. The book proposes a novel human-rights-based approach that maintains the child’s welfare as the central concern while offering a more comprehensive decision-making framework. By bridging theory and practice, it advances the debate on end-of-life decision-making for children and provides practical guidance for legal and medical professionals, as well as a valuable resource for academics, researchers, and policymakers.

Key Features:

• Explores the theoretical foundations and critiques of the best interests principle.
• Examines the application of the principle in practice through international case law and research.
• Introduces a human-rights-based approach to pediatric end-of-life decisions.
• Offers practical guidance for legal and medical practitioners managing disputes.
• Provides insights relevant to academics, researchers, and policymakers advancing the field.