“INTERFERENCE WITH A MINOR’S PHYSICAL INTEGRITY: CZECH CASES IN INTERNATIONAL CONTEXT”. MINORS’ RIGHT TO HEALTHCARE IN THE PERSPECTIVE OF FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
Abstract
Both right to healthcare and freedom of thought, conscience, and religion are recognised as fundamental human rights in what is known as the western world. However, in clinical practise, it is not uncommon that these two rights to conflict with each other to some extent.
It could be suggested that some patient groups face marginalization based on their religion, cultural background, or common lifestyle resulting in problematic access to quality healthcare. On the other hand, the western countries overall tend to show a significantly protective and proactive approach regarding the life and health of minor patients sometimes even against both the will of the patients and of their parents, whilst also putting aside the minors' beliefs or the beliefs of their parents.
With this paper, the current accuracy of the classic quotation from Prince v Massachusetts (1944) that "Parents may be free to become martyrs themselves. But it does not follow that they are free, in identical circumstances, to make martyrs of their children..." is going to be scrutinised according to current Czech and foreign case law, focusing on healthcare provision towards minors whose or whose parents' decision-making is determined by their beliefs, cultural background etc.