Children, medical treatment and religion: defining the limits of parental responsibility

The responsibility of parents for the medical treatment of their children raises significant and complex problems for the state, particularly in situations where their religion is at odds with modern medicine. This article seeks answers to the three most pressing questions in this largely underdeveloped field of the law: who should be the ultimate arbiter of the child’s best interests in medical treatment cases? What are the child’s best interests, and how do the religious beliefs of parents fit in? And is the current legal framework adequate? Addressing these issues is the first step towards formulating a just and comprehensible body of medical law for children.