Refusal of parents from medical intervention regarding the child: law or crime?


Issue: №3 (59) 2019

Heading: Topical issues of science and law enforcement practice


Keywords: medical intervention, informed voluntary consent, going to court, criminal liability, right to life, parents, refusal of medical intervention, saving lives, guardianship and trusteeship bodies, medical organization, age, going to court.


The article discusses problematic issues related to the legal assessment of parents refusing medical intervention for minors under the age of 15, the ratio of the right to life and the right to security of person. Attention is drawn to the difference in terms and approaches when deciding on the possibility of medical intervention without the consent of legal representatives in court and out of court. The jurisprudence in cases involving the failure of parents to take care of the health of their children is analyzed and various approaches to the criminal qualification of such inaction are shown.