1st Edition
Critically Ill Children and the Law Medical Decision-Making and the Best Interests Principle
Introduction; Part A: Framing the issue: Has the pendulum swung too far?; 1. Who is responsible for identifying and upholding a child’s best interests?; 2. Upholding minimum standards rather than enforcing best interests; Part B: When and how are a child’s best interests upheld in practice?; 3. The application of the best interests principle by judges; upholding undefined interests; 4. Qualitative research with doctors; balancing issues beyond the child’s interests; 5. Comparing the approaches of judges and doctors; the need to retain but further explain the best interests principle; Part C: A comprehensive explanation: Upholding a child’s best interests through a human rights-based approach; 6. What is a human rights-based approach?; 7. How a human rights-based approach may inform decisions; 8. Applying a human rights-based framework; Conclusion; Appendix 1; Appendix 2
Biography
James Cameron undertakes legal policy and law reform work for the Victorian Government in Australia. James completed his PhD at the University of Melbourne and spent time as a visiting student at Oxford University.
