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Published in: European Journal of Pediatrics 9/2003

01-09-2003 | Original Paper

Informed consent/assent in children. Statement of the Ethics Working Group of the Confederation of European Specialists in Paediatrics (CESP)

Authors: Maria De Lourdes Levy, Victor Larcher, Ronald Kurz, the members of the Ethics Working Group of the CESP

Published in: European Journal of Pediatrics | Issue 9/2003

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Abstract

Informed consent means approval of the legal representative of the child and/or of the competent child for medical interventions following appropriate information. National legal regulations differ in regard to the question when a child has the full right to give his or her autonomous consent. Informed assent means a child's agreement to medical procedures in circumstances where he or she is not legally authorised or lacks sufficient understanding for giving consent competently. Doctors should carefully listen to the opinion and wishes of children who are not able to give full consent and should strive to obtain their assent. Doctors have the responsibility to determine the ability and competence of the child for giving his or her consent or assent. All children, even those not judged as competent, have a right to receive information given in a way that they can understand and give their assent or dissent. This consent/assent process must promote and protect the dignity, privacy and confidentiality of the child and his or her family. Consent or assent is required for all aspects of medical care, for preventive, diagnostic or therapeutic measures and research. Children may effectively refuse treatment or procedures which are not necessary to save their lives or prevent serious harm. Where treatment is necessary to save a life or prevent serious harm, the doctor has the duty to act in the best interest of the child. However, parents may also refuse to consent and in this case national laws and legal mechanisms for resolving disputes may be used.
Literature
1.
go back to reference Alderson P (1990) Choosing for children: parents' consent to surgery. Oxford University Press, Oxford Alderson P (1990) Choosing for children: parents' consent to surgery. Oxford University Press, Oxford
2.
go back to reference Alderson P, Montgomery J (1996) Healthcare choices. Making decisions with children. Institute of Public Policy Research, London Alderson P, Montgomery J (1996) Healthcare choices. Making decisions with children. Institute of Public Policy Research, London
3.
go back to reference Devereux JA, Jones DH, Dickenson DI (1993) Can children withhold consent to treatment? BMJ 303:1459–1461 Devereux JA, Jones DH, Dickenson DI (1993) Can children withhold consent to treatment? BMJ 303:1459–1461
4.
go back to reference Doyal L (1993) Needs, rights and the moral duties of clinicians. In: Gillon R (ed) Principles of health care ethics. Wiley, London, pp 217–230 Doyal L (1993) Needs, rights and the moral duties of clinicians. In: Gillon R (ed) Principles of health care ethics. Wiley, London, pp 217–230
5.
go back to reference Ethics Working Group of the Confederation of European Specialists in Paediatrics (CESP) (2003). Guidelines for informed consent in biomedical research involving paediatric populations as research participants. Eur J Pediatr 162:455–458 Ethics Working Group of the Confederation of European Specialists in Paediatrics (CESP) (2003). Guidelines for informed consent in biomedical research involving paediatric populations as research participants. Eur J Pediatr 162:455–458
6.
go back to reference Foreman DM (1999) The family rule. A framework for obtaining ethical consent for medical interventions from children. J Med Ethics 25:491–496PubMed Foreman DM (1999) The family rule. A framework for obtaining ethical consent for medical interventions from children. J Med Ethics 25:491–496PubMed
7.
go back to reference Gillon R (1991) Philosophical medical ethics. Wiley, Chichester Gillon R (1991) Philosophical medical ethics. Wiley, Chichester
8.
go back to reference King NMP, Cross AW (1996) Children as decision makers. Guidelines for paediatricians. J Pediatr 115:10–16 King NMP, Cross AW (1996) Children as decision makers. Guidelines for paediatricians. J Pediatr 115:10–16
9.
go back to reference Kurz R, Ethics Working Group of the CESP (2001) Decision making in extreme situations involving children: withholding of withdrawal of life supporting treatment in paediatric care. Statement of the ethics working group of the Confederation of the European Specialists of Paediatrics (CESP). Eur J Pediatr 160: 214–216PubMed Kurz R, Ethics Working Group of the CESP (2001) Decision making in extreme situations involving children: withholding of withdrawal of life supporting treatment in paediatric care. Statement of the ethics working group of the Confederation of the European Specialists of Paediatrics (CESP). Eur J Pediatr 160: 214–216PubMed
10.
go back to reference Lansdown R (1998) Listening to children; have we gone too far ( or not far enough )? J Roy Soc Med 91: 457–461 Lansdown R (1998) Listening to children; have we gone too far ( or not far enough )? J Roy Soc Med 91: 457–461
11.
go back to reference Nuffield Council on Bioethics (1995) Human tissue and legal issues. Nuffield Council on Bioethics, London Nuffield Council on Bioethics (1995) Human tissue and legal issues. Nuffield Council on Bioethics, London
12.
go back to reference Ondrusek N, Abramowitch R, Pencharz P, Koren G (1998) Empirical examination of the ability of children to consent to clinical research. J Med Ethics 24: 158–165PubMed Ondrusek N, Abramowitch R, Pencharz P, Koren G (1998) Empirical examination of the ability of children to consent to clinical research. J Med Ethics 24: 158–165PubMed
13.
go back to reference Pearce J (1994) Consent to treatment during childhood: the assessment of competence and the avoidance of conflict. Br J Psychiatry 165: 1–16PubMed Pearce J (1994) Consent to treatment during childhood: the assessment of competence and the avoidance of conflict. Br J Psychiatry 165: 1–16PubMed
14.
go back to reference Sauer PPJ, Ethics Working Group of the CESP (2002) Research in children. Report on behalf of the Ethics Working Group of the Confederation of European Specialists in Paediatrics. Eur J Paediatr 161: 1–5 Sauer PPJ, Ethics Working Group of the CESP (2002) Research in children. Report on behalf of the Ethics Working Group of the Confederation of European Specialists in Paediatrics. Eur J Paediatr 161: 1–5
15.
go back to reference United Nations Children's Fund (1995) The Convention of the Rights of the Child. UK Committee for UNICEF, London United Nations Children's Fund (1995) The Convention of the Rights of the Child. UK Committee for UNICEF, London
Metadata
Title
Informed consent/assent in children. Statement of the Ethics Working Group of the Confederation of European Specialists in Paediatrics (CESP)
Authors
Maria De Lourdes Levy
Victor Larcher
Ronald Kurz
the members of the Ethics Working Group of the CESP
Publication date
01-09-2003
Publisher
Springer-Verlag
Published in
European Journal of Pediatrics / Issue 9/2003
Print ISSN: 0340-6199
Electronic ISSN: 1432-1076
DOI
https://doi.org/10.1007/s00431-003-1193-z

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