Gillick v West Norfolk and Wisbech Area Health Authority
[1986] AC 112
Ratio Decidendi
A child under 16 has the legal capacity to consent to medical treatment (and exercise other rights) if they have sufficient understanding and intelligence to fully understand what is proposed — 'Gillick competence'. Parental rights yield to the child's right to make their own decisions when the child achieves sufficient understanding.
Fakty
Mrs Gillick sought a declaration that it was unlawful for doctors to prescribe contraception to girls under 16 without parental consent. The DHSS had issued guidance that doctors could do so in exceptional circumstances.
Podsumowanie orzeczenia
The House of Lords (3-2) held that parental rights exist for the benefit of the child and diminish as the child matures. A child under 16 with sufficient understanding can consent to medical treatment. The test is whether the child has sufficient maturity and intelligence to understand the nature and implications of the proposed treatment.
Kluczowe cytaty
"Parental right yields to the child's right to make his own decisions when he reaches a sufficient understanding and intelligence to be capable of making up his own mind on the matter requiring decision."
— Lord Scarman
Późniejsze zastosowanie
Universally applied. 'Gillick competence' is a fundamental concept in child law, medical law, and education law.