Case One (Stephen) (Refusal of treatment) Essay

Case One (Stephen) (Refusal of treatment) - Essay Example It will also be important to examine case law in this area to see when the courts have overridden the wishes of an individual and how this has been achieved. Through examining case law and with reference to legislation it should be possible to determine whether a doctor would have the power to override Stephen’s refusal of treatment. As there is no mention of the age of Stephen or whether he has any mental health issues, it will be necessary to consider the impact of the Children Acts and the Mental Health Acts, to determine whether these would assist Stephen in his refusal or whether a doctor would be entitled to force him to have treatment, irrespective of his wishes. The issue of consent has been encompassed into Art 5 and 8 of the Human Rights Acts (1998) (HRA), with the intention of giving respect to the autonomy of the patient. It has been noted by researches that doctors in general see consent as a legal requirement (Kessel, 1994). Human rights supporters have argued th at the protection offered to adults should also apply to mature minors, which appears to have been addressed to a minor degree within the HRA (Hagger, 2003). In order for consent to be recognised as valid the principle of informed consent has developed. Informed consent centres on the giving of sufficient information to a patient with regard to the complications that might ensure following the treatment, so that they can make an informed decision about the treatment. Actions for negligence have been successful in cases where the patient did not give informed consent (Faden and Beauchamp, 1986). An example of this is Sidaway v Bethlem RHG and others [1984]1, in which the patient had not been told of all the potential risks of the operation, and would not have given consent if they had known of these risks. Davis (2005) has argued that there should be a change in the law in relation to such matters, and that patients should be given the option as to how much information they would lik e to know about the procedure. Implied consent has occurred in situations where a patient has willingly allowed the medical professional to administer medication or injections. However, implied consent can be problematic as simple attendance at the surgery or hospital does not mean that the patient is consenting to treatment. Autonomy is important in the decision making process and many legislative changes have been made in order to ensure the autonomy of the patient. Researchers such as Faden and Beauchamp (1986) believe that a patient has to be fully informed of the probable outcomes of the treatment in order to reach an autonomous decision. They were concerned that on some occasions persuasion and coercion might be used by the medical profession or the family of the patient to appeal to the patient’s sense of reason. Internationally the Nuremberg Code 1947 and the World Medical Association Declaration of Helsinki 1964 have been established as a means of increasing patient autonomy. As mentioned earlier the HRA has also enshrined protection of the rights of adults and adolescents into the Articles, thereby increasing autonomous levels (Hewson, 2000). Many of the issues surrounding autonomy have been centred on the rights of the child, as evidenced by the United Nations Convention on the Rights of the Child 1991 where the aim was to give children the same rights as

Van Creveld. Fate of the State Essay Example | Topics and Well Written Essays - 1000 words

Van Creveld. Fate of the State - Essay Example This however, changed when in the rise of modernity; monarchs emerged and slowly took over power and authority from the local lords. The emergence of the monarchs therefore, laid a foundation for nation-states. In the 19th-Century, the modern nation-state, which is integrated, was established first in the European world. However, the 1648 peace of Westphalia is the most important aspect in the establishment of the nation-state, as it allowed for the sovereignty of the nation-state. The nation-state today is on the verge of decline, because of the forces of globalization and devolution, which have reduced its sovereignty. The nation-state was considered the dominant social entity in the world starting the mid-19th Century, as the state and society were virtually merged to become one entity. However, many changes happening in the world have led to changes in the dominance of the nation-state as the most influential social entity. The cultural revolution that began in the West had a gre at influence on the nature of the nation-state. Other important factors that affected the nation-state include the international communist movements, increased freedom of capital transfer across international borders, and political, social, and economic dysfunction in former colonies of Asia and Africa. By the beginning of the 1990’s, the role of the nation-state was reduced due to different global forces (Creveld, 1999). The future of the nation-state is uncertain today. There are different factors that have been responsible for the diminishing importance of the nation-state. These are globalization and transnationalism, and devolution. Globalization has led to the breaking down of national boundaries, as different countries can now interact economically, socially, and politically. Globalization has paved way for transnationalism, and it is anticipated that in future, there might be a transnational government. Transnationalism today occurs at the political level. Internation al organizations such as the World Trade Organization and the United Nations are responsible for transnationalism, as they provide economic security and military protection to a variety of vulnerable countries. On the other hand, the European Union has broken down all national boundaries in its member states, paving way for high levels of interaction (Creveld, 1999). Devolution has been adopted by various nations today. This grants power and authority to the local government and not the central government. This is why the process is called devolution, as power is taken away from the central government, and given back to the local government. When the central government, which is core of the state, loses power, the sovereignty of the state reduces. If these trends of globalization and devolution persist, there are possibilities that a transnational government will replace the nation-state. However, only time will tell what the future holds for the nation-state (Creveld, 1999). Accord ing to Creveld (1996), the capability of the state to fight others for self-defence is on the decline. This is a proof that the function of the nation-state is slowly fading. Initially, defence was among the main reasons for the formation of the nation-state. Failure to perform that today is a clear indication of its decline. The events of French Revolution in the 18th Century and industrial revolution sparked transnationalism, which is responsible today for the decline of the nation-st