The rights of the child in medical relations: addressing the matter of the concept

The child as a subject of any legal relationship enjoys special attention from the law and ensuring its rights in all spheres of life is an unconditional priority in the development of modern society. The purpose of the study is to investigate the main problems in the field of legal regulation of relations in the field of healthcare with the participation of minors, their legal personality in the provision of medical care. The research methodology consisted in determining the characteristics and grounds for the application of such a method of protection as recognition of the child's right in medical legal relations, identifying contradictions in the legislation of Ukraine, judicial practice, and developing proposals for their elimination. The outlined issue of the primacy of public relations, in particular legal relations in the field of medical law, acquires special significance with the involvement of children. The subjects of relations in the field of medical law mainly act as participants in civil relations, and therefore are described by civil status. The legal status of a child and the extent of its legal capacity in medical relations depend on age and is divided into two periods: up to 14 years and from 14 to 18 years. However, there are numerous contradictions in the legislation regarding the regulation of relations in the field of medicine with the participation of children, and some issues lack any legal regulation whatsoever. In practice, the problematic issues are the application of the rule on parental consent, the child's right to refuse treatment, withdrawal of parental consent for treatment, etc. Certain problems in the field of medical relations with the participation of children have been the subject of consideration not only by national courts but also by the European Court of Human Rights. International instruments on the rights of the child distinguish two basic principles in the field of child health: the principle of the best interests of the child and the principle of the participation of the child. The level of children's participation depends on their age, abilities, maturity, and the importance of the decision to be made. The research issues are extremely relevant both for Ukraine and at the international level

Doi: 10.37635/jnalsu.27(4).2020.172-184