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The minor child's degree of autonomy and the measures taken to protect him or her within the health care sector in Belgium
Authors:Schamps Geneviève
Affiliation:Center for Medical and Biomedical Law, UCL, Belgium. genevieve.schamps@uclouvain.be
Abstract:The necessity of taking into account the interest and opinion of the child was recently emphasized in the Belgian Constitution. The Belgian Act of August 22nd, 2002 on Patients' Rights introduced an important innovation concerning the minor child, in that the latter has since been authorized to exercise his or her patients' rights autonomously, as far as he or she is considered able to reasonably appreciate his or her interests. In some areas, the Belgian legislature has made certain reservations. For example, the minor child has no right to ask for euthanasia; several bills have been proposed in order to recognize it in some circumstances, but they have not been passed. Similarly, activities relating to medically assisted reproduction are not available to the minor, except in cases where there are medical indications. Finally, it might be relevant for the Belgian legislature to enact more specific protective provisions for the child participant in clinical trials.
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