MINOR PATIENTS’ CONSENT TO MEDICAL TREATMENT IN THAILAND

Abstract

Everyone has the right to decide their own destiny under principles of autonomy and human dignity, which are the basic principles provided in the constitution. Result in the rights and freedom to define their own lives. Regarding medical consent or denial of medical care in the medical practice in section 8 of the National Health Act. B.E.2550 which is considered the main medical law of Thailand prescribes that The doctors must respect the patient's decision not to conduct treatment in violation of the true wishes of the patient but there is a problem that the provision is broadly specifying the consent of the patient and does not clearly specify the criteria or rights of medical consent of the patient who is a minor. Is there a right to self-consent? And how old must be able to give consent. For this reason, doctors and lawyers have proposed to present rules of intention of minors. In Civil and Commercial Code of Thailand applies to cases of consent of minors although both laws have different intentions. Another problem is the law does not include provisions for persons who can give consent on behalf of a minor patient. In the event that the minor does not have a legal representative or the minor is not with the legal representative any person has the power to give medical consent on behalf of a minor in this case. Have taken the order of the persons who have the right to inherit according to the In Civil and Commercial Code used as a basis for the right to give consent on behalf of patients due to insufficient problems and not clear of the specific laws that currently exist.

This article studies the right to medical treatment of minors whether they have the right to self-consent or not. How many age of person can have the power to give consent on their own and in the event that a minor does not live with a legal representative or is unable to find a legal representative to give consent in medical treatment on behalf of a minor Any person has the power to give consent on behalf of By conducting comparative studies with foreign laws, that is, the laws of the United States of America and the laws of the United Kingdom To the criteria for consenting minors for medical treatment and those who have the right to give consent on behalf of minors or together with minors And propose solutions for improving Thai law to be more clear and sufficient.