The Limits of Autonomy of a Minor Patient and the Nature of Selected Medical Interventions

Abstract

The aim of the study is to analyze domestic law and selected aspects within international legal regulation connected to the scope of autonomy of a minor patient depending on medical interventions. The starting point is the explanation of the most significant elements of the principle of selfdetermination: the right to consent and the right to information. It should be pointed out that the scope of patient autonomy is related to typical medical interventions (physical examination, surgery), and it increases when the minor reaches the age of 16. In this context specific regulations are depicted, which provide different solutions as lowering the age to consent (ex vivo transplantation), taking into account the minor’s actual ability to decide (medical experimentation), or the extended scope of information. To sum up, the principle of autonomy of a minor patient is guaranteed in proportion to the level of the child’s development (mainly based on the criterion of age) and under the supervision of a statutory representative or, in some cases, with the court’s involvement. This special regulation ensures the rights and interests of minors in an appropriate way.