The rights of adolescent patients in Malta

Abstract

The issue of decisions relative to minors’ medical treatment has always been considered a controversial topic, presenting challenges for medical professionals. Thus, this dissertation aims to consider the rights of adolescent patients with regards to consent and refusal of treatment and the right to confidentiality in Malta. This dissertation explores the status of the minor and provides a detailed analysis of the definition of competence and understanding as provided in jurisprudence, whilst discussing the recent amendments to consent and refusal of treatment in The Health Act by virtue of Act VII of 2017. This dissertation also analyses the debate in literature on age versus competency, highlighting that these amendments suggest that minors aged less than 16 years are incompetent to make decisions regarding their healthcare by virtue of their age. Furthermore, this dissertation also explores the effects of our law regarding organ donation whilst also employing a comparative perspective. Finally, the right to confidentiality with regards to minors shall also be analysed. Confidentiality is a crucial element in providing a safe space for adolescents to ask questions and build trust in the medical professional. Should adolescents perceive that confidentiality would not be honoured, they would feel uncomfortable approaching a medical professional to the detriment of their health. To this effect, this dissertation shall discuss the results of a short questionnaire aimed to attain a statistical finding of the attitudes of persons aged over eighteen years, with relation to the right of confidentiality in the care of adolescent persons aged between 14 to 16 years in Malta.