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Gillick competence is a term originating in England and Wales and is used in medical law to decide whether a child (a person under 16 years of age) is able to consent to their own medical treatment, without the need for parental permission or knowledge.
Victoria D. M. Gillick (née Gudgeon; born 1946, in Hendon) is a British activist and campaigner best known for the eponymous 1985 UK House of Lords ruling [1] that considered whether contraception could be prescribed to under-16s without parental consent or knowledge.
"Marion", a pseudonym for the 14-year-old girl at the centre of this case, suffered from intellectual disabilities, severe deafness, epilepsy and other disorders. Her parents, a married couple from the Northern Territory sought an order from the Family Court of Australia authorising them to have Marion undergo a hysterectomy and an oophrectomy (removal of ovaries).
The case was related to Gillick competence, the legal principle governing under what circumstances under-16s can consent to medical treatment in their own right. By contrast, people aged 16 or older were presumed to have the ability to consent to medical treatment ( Gillick did not apply).
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Research case country location year summary Psychosurgery: 1880s Psychosurgery (also called neurosurgery for mental disorder) has a long history.During the 1960s and 1970s, it became the subject of increasing public concern and debate, culminating in the US with congressional hearings.
Rather, Gillick was considered becuase it was relevant to arguments about the extent of parental power and the parens patriae jurisdiction. There is an argument that the reasoning of the majority in Marion regarding the issue of special medical procedures (Mason, Dawson et al) implicitly relied on Gillick terminating parental rights. Ummm ...
A mental capacity assessment should take place when there is an impairment of, or disturbance in the functioning of a person's mind or brain and a decision that needs to be made. The mental capacity assessment checks whether a person can:- Understand the information they are given; Retain that information for long enough to make a decision;