Gillick Law: Underage students can opt out of vaccines against parents’ wishes

A child of twelve was charged with ‘threatening behaviour’ at his school in Bowmanville, East of Toronto last week. The arrest happened when the boy (who cannot be named for legal reasons) threw a tantrum refusing the Hepatitis B vaccine.  Read more…

GILLICK LAW…the court held that ‘parental rights’ did not exist, other than to safeguard the best interests of a minor. The majority held that in some circumstances a minor could consent to treatment, and that in these circumstances a parent had no power to veto treatment.

GILLICK LAW…cited on LawTeacher.net. When referring to the phrase Gillick competence, commentators are normally discussing the ability of a minor to make his or her own choices and have such choices upheld by the law. Most commonly, discussion relates to medical treatment and stems from the case of Gillick v W Norfolk and Wisbech AHA. Essentially, it is necessary to examine how the courts have handled the issues relating to children as decision makers, balancing such choices to the views of the parents or guardians and ultimately whether such views can overrule those of the child.

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