სამართალი და მსოფლიო (Mar 2024)
Protection of the best interests of a child in the medical field (According to the legislation in force in Georgia)
Abstract
International and Georgian legislation recognises the priority of protecting a child's best interests. While discussing any issues related to a minor, the discussion starts by considering the best interests. The present article relates to protecting the best interests of a child in the field of healthcare when receiving medical services and the exact allocation of functions and duties of the involved decision-making parties to provide guaranteed protection of the best interests of a child. Protection of the best interests of a child includes both the immediate identification of the possible child abuse fact and any long-term interest that may influence the child’s development and psycho-emotional state. A legal representative acting on behalf of a child mainly decides on the medical services provided to the minor. Each case will be evaluated individually to guarantee the protection of a child’s rights and best interest. However, before assessing the protection of a child’s best interests in the medical field, the concept of the child’s best interests will be discussed in general. Acting within the framework of the medical legislation, medical workers play the leading role in the process of providing medical services to minors. That is why the constant involvement of the healthcare system is necessary to eliminate the gaps and barriers under consideration. To ensure the balance between parental authority and the child’s autonomous decision-making, the individual case must be evaluated, and a unified objective must be established using a multidisciplinary approach. The standard research method of the record of medical legislation clearly shows the conflict of interest occurring when considering the best interests of a child and the inevitable violation of the child’s unconditional right to be heard.
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