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La situación del menor en el ámbito sanitario

DOI: 10.4321/S1139-76322011000200011

Keywords: minor, mature minor, legislation.

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Abstract:

the current situation of the minor in the sanitary field has experienced a change which is parallel to the social evolution. this change spins around the person′s autonomy. there has been a shift from policies of dependence and submission to the parents′ will to promoting the minor′s autonomy. this autonomy is supported in the idea that the minor is progressively getting a development in his/her ability to do and to understand. as a start, promoting people′s autonomy in general and minors′ in particular provides them with a bigger independence and freedom. but this could generate some conflicts. in the first place, because there isn′t a clear criterion to determine the maturity rate of a minor to know if he/she is able to take decisions on a medical situation. the legislation doesn′t establish the criteria to be used (difficult task), neither the professionals who should make the evaluation, and when there is a reference to the maturity rate it is made in a general way. in the second place the minority is a long period in which the minor goes through very different stages. even though a great progress in the issue has been made, it is mandatory to set and harmonize the legal code to reach to more well-balanced solutions.

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