When Children Decide

General Chit Chat

The Supreme Court of Canada is reserving judgement on whether to overturn the Manitoba law, that requires a person to be 16 before they can make life decisions, such as whether to have a blood transfusion or not. The case involves a Manitoba teen, who at 14 was ordered to have a blood transfusion to treat a Crohn’s Disease flare up, which is supposedly against her wishes, on religious grounds. She is a Jehovah’s Witness, and they do not believe in Blood Transfusions.

Her lawyers argued before the top court that the Manitoba child welfare law should be overturned and that there should not be a set age at which decisions about a young patient’s medical wishes are made differently.

Instead, the decisions should be made on a case-by-case basis, according to the intellectual capability of the person involved, they argued. (source - CBC News)

It certainly does raise some interesting issues, because at what stage does the Government have the right to intercede against the religious beliefs of people? Do they have the right to protect a minor, no matter the age, or don’t they? How do you tell if someone younger than the age of 16 is emotionally capable of determining what is best for them, and what isn’t?

I know a few who are way over the age of 16, and frankly, they can’t make a right decision, even if their lives dependent on it. Yet I also know some who are younger, who seem to know the differences between what is right, and what is wrong. The question though is, would this 14 year old have refused treatment, if she had a choice on religious upbringing? From birth, most children are taught to belief what the parents belief, so would any minor be capable of making an informed decision on something such as whether to have a blood transfusion or not?

If we don’t have a specified age limit, what criteria can be applied, that would insure that the minor actually does know the ramifications of their illness? I mean let’s be honest here. She was born, and raised in her faith, so did she attend school outside of the home? Was she involved in outside activities that brought her into contact with different faiths, different beliefs? If not, how could she, no matter how intelligent, know enough to make such a decision?

It is why I have to side with the Government here. You can’t just let it be case by case, even if it sounds reasonable. There are too many variables involved, before a Judge could determine if the child was capable of rendering a proper decision. In many medical instances, time is not a luxury that can be taken. So, really, I believe that the Court has to go beyond the concept of individual freedom, of religious freedom here, because we are talking about children.

Look at some of the bible camps, where 5 & 6 year olds are so immersed into the Bible or Koran, one could say they are being brainwashed. They might talk eloquently, but do they really know what they are saying? I would tend to think not, and heck, just look at those Polygamy kids in Texas. Many don’t see a problem that they were forced into marriage while in their teens, or that they gave birth long before many girls are even dating. So can someone, indoctrinated into a way of life, ever be capable of making the kind of choices these lawyers are talking about?

Ian @ May 21, 2008