Granice autonomii małoletniego pacjenta a charakter wybranych interwencji medycznych

Abstract

The aim of the study is to analyze domestic law and selected aspects within international legal regulations connected to the scope of autonomy of a minor in relation to interventions in the health field. The starting point is explanation of the most significant elements of the principle of self-determination: the right to consent and the right to information. It should be pointed out that the scope of patient autonomy relates to typical medical interventions (physical examinations, operations) and it increases after the minor has reached the age of 16. In this context the specific regulation which provides different solutions, such as lowering the age of consent (ex vivo transplantation), is underlined. To sum up, the principle of autonomy of a minor is guaranteed in proportion to the level of a child’s development (mainly based on the criterion of age) and under the supervision of a statutory representative or, as in some instances, with court involvement. This special regulation ensures in an appropriate way the rights and interests of minors.