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Gillick sought a declaration that prescribing contraception was illegal because the doctor would commit an offence of encouraging sex with a minor and that it would be treatment without consent as consent vested in the parent; she was unsuccessful before the High Court of Justice, but succeeded in the Court of Appeal. [4]
The mature minor doctrine is a rule of law found in the United States and Canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so. [1]
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).
Informed consent is a principle in medical ethics, ... Canada), this presumption may be rebutted through proof that the minor is 'mature' (the 'Gillick standard').
An emancipated minor does not simply acquire all rights of an adult; likewise, a child does not lack such rights merely because they are not emancipated. For example, in the US minors have some rights to consent to medical procedures without parental consent or emancipation, under the doctrine of the mature minor.
The pregnant minor might be pressured into having an abortion by an older boyfriend or abusive partner, so as to conceal the fact that he is guilty of rape or statutory rape. [20] Currently, the parents of the minor are financially responsible for any complications resulting from the abortion, unless said minor has been legally emancipated. [16]