Children’s rights in medical decision-making: a review of ECtHR principles

Autonomy in medical decision-making involves an individual’s ability to decide which medical procedure is suitable for them or to refuse treatment. Parents are regarded as the primary decision-makers for their children’s health decisions. When parents do not act in the child’s best interest, disagreements between parents and healthcare providers over the child’s medical treatment typically require resolution by the court. In this process, the minor should be considered an active participant in their care. Therefore, the minor’s decision-making capacity becomes essential, and depending on their age, they can give or withhold consent to treatment, which may conflict with their parents’ decisions or what is deemed to be in their best interest. Medical consent ensures that the rights and the best interests of minors are always protected. The state must guarantee the best interest of the child even when the parents who are entitled to do so may jeopardize the welfare of the child. By reviewing some of the most important case laws of the ECtHR, the paper aims to examine the role of different actors in the medical decision-making of minors and the resolution of disputes that may arise from other considerations of parents and health providers.