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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.
Gillick competence ruling in the case Gillick v West Norfolk and Wisbech Area Health Authority, which sought to decide in medical law whether a child is able to consent to his or her own medical treatment, without the need for parental permission or knowledge. A child is defined as 16 years or younger.
The main legal debate that arose was who has the legal authority to authorise the operation. Three options existed: the parents (as legal guardians of their daughter), Marion or an order of a competent court, such as the Family Court of Australia. The Full Court of the Family Court was asked to decide: 1.
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).
It is known as Gillick competence. [ 29 ] Regarding restriction on prosecution, no prosecution may be instituted, except by or with the consent of the Director of Public Prosecutions , for an offence of kidnapping if it was committed against a child under the age of sixteen and by a person connected with the child, within the meaning of section ...
Some troops leave the battlefield injured. Others return from war with mental wounds. Yet many of the 2 million Iraq and Afghanistan veterans suffer from a condition the Defense Department refuses to acknowledge: Moral injury.
In its judgments, the Family Court assessed the child's Gillick competence; in other words, whether the child was in a position to consent to the treatment by fully understanding its nature, effects and risks. [82] If the Court found the child to be Gillick-competent, the child's wishes had to be respected.