Master's thesis discusses the current status regime of children and adolescents in medical law and their autonomy in making decisions about their treatment and it further addresses the position of parents and doctors. Patients have the right to make independent decisions about their medical care and therefore their consent is required for every medical procedure. The most important factor in the capacity to consent is the individual's judgment and ability to make reasonable decisions. When patients are able to make independent decisions and they understand the meaning and consequences of exercising their rights, they are the ones who decide. Legislation provides that an approximate age at which a child becomes capable of giving consent to medical treatment is 15 years. However, it allows the possibility to acknowledge the capacity to younger children if doctors decide they are capable of decision making. On the other hand, doctors can also decide that a child over the age of 15 is not able to give consent for themselves. In such case, the parents’ or guardians’ parental responsibility is to consent on behalf of their children. However, even when a child is unable to give consent, doctors must consider their wishes in accordance with their age and maturity. In some cases, medical intervention or treatment can be performed without consent, as the main goal is to decide in the best interest of the child. Before gaining consent, it is important that doctors explain the medical condition, the treatment process and the possible consequences to the patients. The explanation must be adjusted to suit the individual's ability to understand. If the doctor’s obligation to explain is breached, patient consents are not valid and as a result the patient’s personal rights are violated.
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