Protection of Patient Autonomy for Minors

Abstract

Patient autonomy is a part of Personality Rights Personality rights are not limited to age However when it comes to the discussion of patient autonomy the subject is always about adults minors are neglected For example minors aged under 20 years old in Taiwan have to get parental consent before they accept or refuse medical treatments This thesis will focus on the legitimacy of the age limits when minors exercise their patient autonomy especially in the scope of minors who refuse life-sustaining medical treatment and who get an abortion these topics are stipulated in Hospice Palliative Care Act Patient Right to Autonomy Act and Genetic Health Act This thesis will analysis that if those Acts are too strict for minors Going further to the topic the thesis will figure out how to apply the principle of the best interests of the child in medical domain and conflicts of other Constitutional Rights among minors their parents and fetus This thesis uses methods of literature analysis comparative law and case analysis The main results of this thesis are as follows: comparing with German Law and Law of the United States the current regulations in Taiwan are indeed too strict for minors If the minors are mature enough their medical wishes should be respected and whether the medical treatment is accepted or not should depend on the minor’s decision The age limit of 20 years old is too high in medical domain and there should be more protection for minors who can not get parental consent

Date of Award	2020
Original language	English
Supervisor	Ing-Ling Hou (Supervisor)