Gillick

Gillick Competence is a term originating in England and is used in medical law to decide whether a child (16 years or younger) is able to consent to his or her own medical treatment, without the need for parental permission or knowledge.

The term is named after Victoria Gillick, a mother of ten children, who challenged her local health authority, West Norfolk and Wisbech Area Health Authority, in the High Court in 1983, over its guidance that allowed doctors to give contraceptive advice and treatment to under 16-year-olds without their parents' knowledge.

Background

In the case of Gillick v West Norfolk and Wisbech Area Health Authority and the Department of Health and Social Security, the issue was whether doctors should be able to give contraceptive advice and treatment to under 16-year-olds without their parents' knowledge. The case went to the House of Lords in 1985, where it was held by a majority that such advice could be given if the doctors were convinced that the young person's mental and emotional health would suffer if they did not receive the advice, and if they were capable of understanding the advice that was given.

Gillick Competence

The concept of Gillick competence recognises that some children may have a sufficient level of maturity to make their own decisions. The test is whether the child has sufficient understanding and intelligence to understand fully what is proposed. It is not a question of the child's age, but their capacity to understand. This is often described as being "Gillick competent".

Implications

The implications of the Gillick case are far-reaching, not only for doctors but also for other professionals working with children. It has led to clearer guidelines about when children can make decisions for themselves and when they cannot. It has also led to a greater emphasis on the rights of the child, rather than the rights of the parent.

See also

• Fraser guidelines
• Informed consent
• Medical law
• Parental rights

References

Gillick Resources
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