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Gillick Competence
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. The standard is based on the 1985 judicial decision of the House of Lords with respect to a case of the contraception advice given by an NHS doctor in ''Gillick v West Norfolk and Wisbech Area Health Authority''. The case is binding in England and Wales, and has been adopted to varying extents in Australia, Canada, and New Zealand. Similar provision is made in Scotland by the Age of Legal Capacity (Scotland) Act 1991. In Northern Ireland, although separate legislation applies, the then Department of Health and Social Services stated that there was no reason to suppose that the House of Lords' decision would not be followed by the Northern Ireland courts. The Gillick decision Gillick's case involved a health departmental circ ...
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Consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions used in such fields as the law, medicine, research, and sexual consent. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law. United Nations agencies and initiatives in sex education programs believe that teaching the topic of consent as part of a comprehensive sexuality education is beneficial. Types of consent include implied consent, express consent, informed consent and unanimous consent. Types * An express consent is one that is unmistakably stated, rather than implied. It may be given in writing, e.g. contract, by speech (orally), or non-verbally, e.g. by a clear gestu ...
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High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ...
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The Green Book (immunisation Guidance, UK)
''Immunisation against infectious disease'', popularly known as ''The Green Book'', provides information on vaccines for vaccine-preventable diseases. It acts as a guide to the UK's vaccination schedule for health professionals and health departments that give vaccines in the United Kingdom. The first two editions were published in 1992 and 1996. A third edition in 2006, was the last to appear in print. Updates have since been added by its clinical editors through advice and recommendations from the Joint Committee on Vaccination and Immunisation (JCVI) and appear only online as individual chapters via the immunisation section of the GOV.UK website. As of 2021 it includes updates on COVID-19. Purpose ''Immunisation against infectious disease'' is popularly known as ''The Green Book'', to provide information on the UK's vaccination schedule and vaccines for vaccine preventable infectious diseases. It is a guide for health professionals and health departments that give vaccines in ...
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COVID-19 Vaccines
A COVID19 vaccine is a vaccine intended to provide acquired immunity against severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the virus that causes coronavirus disease 2019 ( COVID19). Knowledge about the structure and function of previous coronaviruses causing diseases like severe acute respiratory syndrome (SARS) and Middle East respiratory syndrome ( MERS) accelerated the development of various vaccine platforms in early 2020. In 2020, the first COVID19 vaccines were developed and made available to the public through emergency authorizations and conditional approvals. However, immunity from the vaccines wanes over time, requiring people to get booster doses of the vaccine to maintain protection against COVID19. The COVID19 vaccines are widely credited for their role in reducing the spread of COVID19 and reducing the severity and death caused by COVID19. Many countries implemented phased distribution plans that prioritized those at highest risk of compli ...
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Gender Dysphoria In Children
Gender dysphoria (GD) in children, also known as gender incongruence (GI) of childhood, is a formal diagnosis for distress (gender dysphoria) caused by incongruence between assigned sex and gender identity in some pre-pubescent transgender and gender diverse children. The diagnosis ''Gender dysphoria in children'' is defined in the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM), and ''Gender incongruence of childhood'' is defined in the 11th edition of the International Classification of Diseases but considered a physical rather than psychiatric condition. The diagnoses replaced gender identity disorder in children, which had been present in the DSM since 1980 and ICD since 1990 but were considered stigmatizing towards transgender people. The diagnoses were kept to insure insurance coverage for gender-affirming healthcare. The GD diagnosis is controversial in the transgender community as some feel it continues to stigmatize transgender i ...
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Bell V Tavistock
''Bell v Tavistock'' was a case before the Court of Appeal (England and Wales) on the question of whether puberty blockers could be prescribed to under-16s with gender dysphoria. ≈ The Court of Appeal said that "it was for clinicians rather than the court to decide on competence" to consent to receive puberty blockers. 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). The High Court (Administrative Court) ruling, which was overturned on appeal, said that it was unlikely that a child under the age of 16 could be ''Gillick'' competent to consent to puberty blocking treatment. The court also said that " nrespect of young persons aged 16 and over… we recognise that clinicians may well regard these as cases where the authorisation o ...
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Article 8 Of The European Convention On Human Rights
Article 8 of the European Convention on Human Rights provides a right to respect for one's " private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". The European Convention on Human Rights (ECHR) (formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect human rights and fundamental freedoms in Europe. Right Article 8 is considered to be one of the convention's most open-ended provisions. Family life In ''X, Y, and Z v. UK'', the Court recalls that "the notion of 'family life' in Article 8 is not confined solely to families based on marriage and may encompass other de facto relationships. When deciding whether a relationship can be said to amount to 'family life', a number of factors may be relevant, including whether the couples live together, the length of their relationship and whether they have demon ...
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Abortion
Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnancies. Deliberate actions to end a pregnancy are called induced abortion, or less frequently "induced miscarriage". The unmodified word ''abortion'' generally refers to induced abortion. Common reasons for having an abortion are birth-timing and limiting family size. Other reasons include maternal health, an inability to afford a child, domestic violence, lack of support, feelings of being too young, wishing to complete an education or advance a career, or not being able or willing to raise a child conceived as a result of rape or incest. When done legally in industrialized societies, induced abortion is one of the safest procedures in medicine. Modern methods use medication or surgery for abortions. The drug mifepristone (aka RU-4 ...
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Parens Patriae
''Parens patriae'' is Latin for "father of the nation" (lit., "father of one's country"). In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention. In U.S. litigation, ''parens patriae'' can be invoked by the state to create its standing to sue; the state declares itself to be suing on behalf of its people. For example, the Hart-Scott-Rodino Antitrust Improvement Act of 197615 USC 15c, through Section 4C of the Clayton Act, permits state attorneys general to bring ''parens patriae'' suits on behalf of those injured by violations of the Sherman Antitrust Act. Discussion ''Parens patriae'' relates to a notion initially invoked ...
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Obiter
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "said in passing",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, any remark in a legal opinion that is "said in passing" by a judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply '' dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter d ...
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Salbutamol
Salbutamol, also known as albuterol and sold under the brand name Ventolin among others, is a medication that opens up the medium and large airways in the lungs. It is a short-acting β2 adrenergic receptor agonist that causes relaxation of airway smooth muscle. It is used to treat asthma, including asthma attacks and exercise-induced bronchoconstriction, as well as chronic obstructive pulmonary disease (COPD). It may also be used to treat high blood potassium levels. Salbutamol is usually used with an inhaler or nebulizer, but it is also available in a pill, liquid, and intravenous solution. Onset of action of the inhaled version is typically within 15 minutes and lasts for two to six hours. Common side effects include shakiness, headache, fast heart rate, dizziness, and feeling anxious. Serious side effects may include worsening bronchospasm, irregular heartbeat, and low blood potassium levels. It can be used during pregnancy and breastfeeding, but safety is no ...
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