engleski

LIMITATION OF PARENTAL AUTONOMY AND ITS JUSTIFICATION IN CASE OF IMMEDIATE MEDICAL INTERVENTION

In ideal circumstances, parents are the most devoted advocates for their children. They have first-hand information about the children and take care passionately about the children's welfare. Therefore, the law recognizes parents as guardians of children's welfare and gives them substantial autonomy in making decision for their children. However, sometimes the actions of well- meaning parents could be a subject of testing limits of parental autonomy. It is especially the case if their actions represent a risk for children's well-being, as it was recently the case in Croatia where the mother refused chemotherapy as medical treatment for her ten- year-old child that suffers from cancer in order to provide a child alternative therapy. In that particular case the state intervened and limited parental autonomy to protect children, regardless the fact that a child could be treated with alternative therapy that is available in some EU countries. This case is showing us that justification of state intervention is difficult, as the state must balance between parental autonomy and well-being of children.

AUTONOMY, CHILD, STATE, BEST INTEREST, HARM STANDARD

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