Decisional Privacy and the Rights of the Child

Decisional Privacy and the Rights of the Child explores the concept of decisional privacy—the freedom of children to make choices about their lives without unjustified interference from parents, the state, or others. Drawing on the United Nations Convention on the Rights of the Child and the work of leading children’s rights scholars, this book bridges a critical gap in understanding the intersections of privacy, family law, and children’s rights. Using judicial cases concerning the medical treatment of children experiencing gender dysphoria as a case study, it highlights the importance of procedural safeguards that enable children to participate meaningfully in decisions affecting their best interests. It also critically examines how courts’ increasing involvement in medical decision-making can undermine children’s decisional privacy, particularly for transgender and gender-diverse youth.

Key Features:

• Provides a theoretical framework for understanding a child’s right to decisional privacy.
• Examines the relationship between children’s rights, parental responsibilities, and state duties in decision-making contexts.
• Offers a case-study approach using judicial proceedings on gender dysphoria treatment to illustrate key concepts.
• Argues for procedural rights and participation mechanisms to ensure children’s voices are heard in decisions affecting them.
• Serves as a resource for researchers, students, judicial officers, and practitioners worldwide navigating legal, ethical, and social challenges in children’s decision-making.