Minors refusing treatment : the law and public perception : with a special focus on life pro-longing treatment

Abstract

The purpose of this dissertation is to study the current legal standpoints dealing with the minor’s right to refuse life-prolonging treatment independently when one is close to end of life, within Malta and in comparison, with other European countries. In Malta, an amendment issued back in 2017 was made to the Health Act, stipulated that minors who attained sixteen years of age were granted the right to refuse treatment independently without their parents’ participation. Nonetheless, this right is only extended to the minor if the medical practitioner is of the opinion that the minor has sufficient maturity and understanding to make such a decision. However, if the doctor believes that the best interest of the minor is to be treated, the minor’s decision may be overridden. In light of this, the paper incorporates a look into the literature revolving around the critical debate of age versus competency. As well as how such competency can be and is actually identified through the eyes of the law, both locally and in foreign jurisdictions. Moreover, the concept of ‘the best interest of the child’ was contested in relation to be a very subjective line of thought. Ultimately, this will be viewed from a human right’s perspective. Should a minor avail the right as any other human, in terms of medical treatment? Finally, the research consists of an estimated statistical finding of the opinion of the genera l public in relation to the law as it is and a hypothetical change in the law. Eventually, results show that the majority of the public who participated is in favour of an amendment to be made to the law to grant the autonomous right to the minor to refuse life-prolonging treatment when he/she is close to end of life and if he/she is sufficiently competent.