美國法上 父母의 子女에 대한 治療 拒否에 따르는 法的 問題

Parents’ Refusal of Medical Treatment for the Children as a Legal Problem in the U.S.A.

Generally parents have the authority to decide whether their children should receive medical treatment or not under American Law. It is said that this authority is protected as a fundamental right by U. S. Constitution. On the other hand, the state can compel the parents to consent to the medical treatment for the children if that treatment is urgently needed for the protection of the children. This article surveys the case law and academic controversies about this matter in the United States. There is a general consensus that medical treatment is mandatory if it is necessary for saving the life of child and involves little or no risk. But the opinions of the court are divided if the life-saving treatment involves high risk and/or much suffering to the child or the purpose of the treatment is not saving the life, but enhancing the quality of life of the child. The most controversial theme is whether to treat the severely disabled newborns. The opinions are sharply divided among physicians and ethicists as well as lawyers. It seems unlikely that this controversy could be settled in the near future. In the author’s opinion, the best standard that gives satisfactory results is the “Best Interest of the Child” standard. And the quality of life approach can be also useful in applying this standard.