British Medical Association; Medical Ethics Department; British Medical Association; London, UK.
Hum Vaccin Immunother. 2013 Jun;9(6):1389-91. doi: 10.4161/hv.24691. Epub 2013 May 31.
When children and young people lack the capacity to make decisions about their care and treatment, decisions have to be made on their behalf based on an assessment of their welfare or interests. In law, parents, or others with the relevant parental responsibility, are ordinarily regarded as the appropriate decision-makers. One way of framing this is to say that parents have certain decision-making rights with respect to their children. Such rights, however, are not generally regarded as absolute, rather they can be seen as secondary to and limited by the duties that parents have with regard to their children, duties to promote their welfare. It is against these parental duties that children could, at least in theory if not in practice, claim a right to certain kinds of protection. The legal rights of parents here, as opposed to the rights of the children, can be thought of as rights that secure for parents the freedom from interference necessary to fulfill the underlying duty.
当儿童和年轻人缺乏决策自己护理和治疗的能力时，必须根据对他们福利或利益的评估来代表他们做出决策。在法律上，父母或其他具有相关父母责任的人通常被视为适当的决策者。一种表述方式是说，父母对其子女享有某些决策权。然而，这些权利通常不被视为绝对的，而是可以被视为次要的，并受到父母对子女的责任的限制，即促进其福利的责任。正是针对这些父母责任，儿童至少在理论上，如果不是在实践中，可以声称享有某种保护的权利。在这里，可以将父母的法律权利（与儿童的权利相对）视为保障父母免受干涉的权利，这些干涉是履行基本责任所必需的。
