Sure, but they have reported that the child is capable of making their own decisions and fully understand the consequences:
A report submitted to Lady Tait assessed the child as having “capacity” and having a full understanding of the implications of her decision.
So it seems they assessed it, found that the child can make the decision, then made the decision themselves instead.
The point I made is that for them to decide about this case the outcome of the assessment should have been something more like “established that the child is not developed/mature/whatever enough to make a decision that can potentially end their lives until they reach 18y of age” or “the child has been exposed to harmful religious propaganda for years…” instead. Basically, anything that’d clarify the reason and criteria that enables them to make this decision on the child’s behalf against their wishes (even if they are illogical).
Worrying when they start making the decisions you don’t agree with sounds like worrying once the milk is already spilled, especially when precedents are a thing. They are a lot easier to make than overturn.
I disagree with this being a “slippery slope fallacy”, I think there is already something wrong here even if the outcome is still agreeable, hence my conflict.
The judge would never make a legal argument that “religious propaganda had reduced a person’s legal capacity” as it would have wide-ranging implications and would be challenged (and overruled) in short order due to freedom of religion laws.
The hospitals legal team appealed for an order because the kid was effectively killing themselves and they have a duty to do no harm.
This prompted the health board to go to the Court of Session to seek an order which would allow its doctors to administer the blood transfusion up to two weeks following the child’s procedure.
Its legal team told Lady Tait that such an order was necessary because blood loss was an “inevitable consequence” of the operation.
The judge deemed that weighing the child’s personal beliefs and medical risk it was in their best interest to allow the order. That is their justification and it follows other case law examined, there is no legal need for them to deem the kid incapable of making the decision. It’s only made the news because religious people making dumb decisions about their health is a common public interest story.
Lady Tait also wrote about cases examined by English courts, before concluding that in the context of the case brought before the court, it would be in the best interests of the child that the order be granted.
Sure, but they have reported that the child is capable of making their own decisions and fully understand the consequences:
So it seems they assessed it, found that the child can make the decision, then made the decision themselves instead.
The point I made is that for them to decide about this case the outcome of the assessment should have been something more like “established that the child is not developed/mature/whatever enough to make a decision that can potentially end their lives until they reach 18y of age” or “the child has been exposed to harmful religious propaganda for years…” instead. Basically, anything that’d clarify the reason and criteria that enables them to make this decision on the child’s behalf against their wishes (even if they are illogical).
Worrying when they start making the decisions you don’t agree with sounds like worrying once the milk is already spilled, especially when precedents are a thing. They are a lot easier to make than overturn.
I disagree with this being a “slippery slope fallacy”, I think there is already something wrong here even if the outcome is still agreeable, hence my conflict.
If a 14 year old could make good decisions, then that would be the legal adult age. Not 18, or even 21 years old in some places.
The judge would never make a legal argument that “religious propaganda had reduced a person’s legal capacity” as it would have wide-ranging implications and would be challenged (and overruled) in short order due to freedom of religion laws.
The hospitals legal team appealed for an order because the kid was effectively killing themselves and they have a duty to do no harm.
The judge deemed that weighing the child’s personal beliefs and medical risk it was in their best interest to allow the order. That is their justification and it follows other case law examined, there is no legal need for them to deem the kid incapable of making the decision. It’s only made the news because religious people making dumb decisions about their health is a common public interest story.