Alderson Priscilla
Social Research Institute, University College London, London, UK.
Clin Ethics. 2024 Dec;19(4):291-296. doi: 10.1177/14777509231188006. Epub 2023 Jul 27.
Children's autonomy includes, as far as possible, self-determination, bodily integrity and the right to influence outcomes. Limits to bodily integrity, which involves no touching without the child's consent or tacit agreement, are discussed. The clinical, legal and ethics literature tends to agree that children may give valid consent to major recommended treatment from around 12 years but may not refuse it until they are legal adults. Research shows that young children are more aware of their bodily integrity and autonomy, of morality and decision making, than was assumed in the past. Adults therefore need to inform children and respect their initially instinctive efforts to protect their bodily integrity. Unlike assent, consent involves patients being adequately informed and being able to accept or refuse proposed treatment. Reasons are given for adults' need to consult with children when determining their best interests. Beyond words, giving or withholding consent also involves emotions of fear, trust and courage, besides embodied reactions of cooperating with treatment or resisting it, in which young children actively engage. Some clinicians work with the informed cooperation of young children who need lifesaving treatment, and at times accept their refusal. Reasons for differences between mainstream experts' views and clinical practices are considered.
儿童的自主权尽可能包括自决权、身体完整性以及影响结果的权利。文中讨论了身体完整性的限制,这包括未经儿童同意或默许不得触碰其身体。临床、法律和伦理文献倾向于认为,儿童大约从12岁起可以对主要的推荐治疗给予有效同意,但在达到法定成年人年龄之前不得拒绝治疗。研究表明,幼儿比过去所认为的更了解自己的身体完整性和自主权、道德观念及决策能力。因此,成年人需要告知儿童并尊重他们最初出于本能保护身体完整性的努力。与赞同不同,同意要求患者充分了解情况并能够接受或拒绝提议的治疗。文中给出了成年人在确定儿童最佳利益时需要与儿童协商的理由。除了言语之外,给予或拒绝同意还涉及恐惧、信任和勇气等情感,以及幼儿积极参与的配合或抗拒治疗的具体反应。一些临床医生在需要挽救生命的治疗中,在幼儿知情合作的情况下开展工作,有时也会接受他们的拒绝。文中考虑了主流专家观点与临床实践存在差异的原因。