| Termination of a minor's pregnancy: critical issues for consent and the criminal law. | |
| | |
MedLine Citation:
|
PMID: 19998594 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
|
The recent Supreme Court decision of Queensland v B [2008] 2 Qd R 562 has significant implications for the law that governs consent and abortions. The judgment purports to extend the ratio of Secretary, Department of Health and Community Services (NT) v JWB and SMB (1992) 175 CLR 218 (Marion's Case) and impose a requirement of court approval for terminations of pregnancy for minors who are not Gillick-competent. This article argues against the imposition of this requirement on the ground that such an approach is an unjustifiable extension of the reasoning in Marion's Case. The decision, which is the first judicial consideration in Queensland of the position of medical terminations, also reveals systemic problems with the criminal law in that State. In concluding that the traditional legal excuse for abortions will not apply to those which are performed medically, Queensland v B provides further support for calls to reform this area of law. |
| | |
Authors:
|
Ben White; Lindy Willmott |
Related Documents
:
|
12289224 - R. v. kowalski, 8 october 1987. 19537444 - Forensic databases: implications of the cases of s and marper. 7804084 - Alcohol and depression in english and american lawyer disciplinary proceedings. 16859384 - The iron law of politics. 19650264 - History of aset: the first fifty years--1959 to 2009. 20684174 - Ethical dilemmas for physicians in time of war. |
Publication Detail:
|
Type: Journal Article; Legal Cases |
Journal Detail:
|
Title: Journal of law and medicine Volume: 17 ISSN: 1320-159X ISO Abbreviation: J Law Med Publication Date: 2009 Oct |
Date Detail:
|
Created Date: 2009-12-10 Completed Date: 2010-01-26 Revised Date: - |
Medline Journal Info:
|
Nlm Unique ID: 9431853 Medline TA: J Law Med Country: Australia |
Other Details:
|
Languages: eng Pagination: 249-60 Citation Subset: IM |
Affiliation:
|
Faculty of Law, Queensland University of Technology, Brisbane, Queensland, Australia. bp.white@qut.edu.au |
Export Citation:
|
APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
|
Abortion, Legal
/
legislation & jurisprudence* Australia Child Criminal Law Female Humans Informed Consent / legislation & jurisprudence* Minors / legislation & jurisprudence* Pregnancy |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
Previous Document: Defensive medicine in general practice: recent trends and the impact of the Civil Liability Act 2002...
Next Document: Worth the wait? A critique of the Abortion Act 2008 (Vic).