Abstract

LUQUIN BERGARECHE, Raquel. Minors' right to self-determination in medical decision making: virtuality of mediation in health family conflicts. Rev. Bol. Der. [online]. 2017, n.23, pp.222-239. ISSN 2070-8157.

Law 41/2002, of 14 November recognizes the right to self-determination as a subjective right of personality. Recently in Spain laws carried outimportant reforms concerningto children process of maturity, because their parents are those who must consent medical treatments when were involved serious risk to life or health, but in any case listening and taking into consideration children's opinion. This regulation raises various questions and many conflicts which will be managed better through mediation process regulated by Law 5/2012. Mediation, as an A.D.R, allows to explore interests, needs and expectatives through a communication process managed by a professional mediator. This approach makes it possible to reach agreements and maintaining relationships saving emotional, temporary and economic costs.

Keywords : Children's rights to self-determination; Sanitary conflict; Mediation.

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