Giving Due Weight to Children and Young People in Australian Policy Making
Meaghan Vosz, Anne Graham, Mark Hughes
The International Journal of Children’s Rights, 17 December 2024
Abstract
While Article 12 of the Convention on the Rights of the Child is often cited to assure children’s right to express their views freely in all matters affecting them, little is known about the practices associated with giving due weight to their views in policy-making that impacts their lives. This paper reports on critical-participatory research exploring the practices of more than 100 policy actors, conducted with five young co-researchers with lived experience of Australian child protection and out-of-home care systems. Practices associated with giving due weight included: involving children as policy actors, listening, giving feedback and reporting back, and amplifying their views. Practices were constrained by discourses of authenticity/tokenism; bureaucracy and jurisdiction; the attribution of expertise; and limited funding and time. Research demonstrated opportunities for realising Article 12 through intergenerational dialogue and valuing the lived experience and agency of young people as policy actors.
Category: Young Persons
A New Approach for Investigating Children’s Participation Rights in Early Childhood Education: Listening to Voices in Interaction for Participation (LViIP)
A New Approach for Investigating Children’s Participation Rights in Early Childhood Education: Listening to Voices in Interaction for Participation (LViIP)
Cynthia Hicban, Maryanne Theobald, Julia Mascadri
The International Journal of Children’s Rights, 17 December 2024
Abstract
Research into children’s participation rights has largely focused on the challenges for early childhood educators to navigate children’s participation rights enactment. The aim of this article is to show how the enactments of children’s participation rights in an educational setting can be identified using a new approach, Listening to Voices in Interaction for Participation (LViIP).
LViIP is based on Lundy’s (2007) conceptualisation of Article 12(1) and combines with conversation analysis (ca) to identify how rights enactment sequentially unfolds and how the interactants mobilise (or gatekeep) opportunities for children to have a say.
A step-by-step worked example of LViIP shows in detail how participatory approaches by educators and children are built in early childhood education, thus demonstrating which interactional practices contribute towards the co-construction of children’s participation rights and how early childhood professionals can listen, be and do as duty-bearers of children’s rights in their daily practice.
Navigating Methodological Challenges and Informed Consent in Pediatric Research: A Scoping Literature Review
Navigating Methodological Challenges and Informed Consent in Pediatric Research: A Scoping Literature Review
C Van Isterdael, Z Claessens, I Huys
Value in Health, December 2024
Abstract
Objectives
In the European health policy space, unmet medical needs are increasingly recognised as essential factors to steer pharmaceutical research and development towards a patient-centred healthcare system. However, the needs of challenging populations, such as paediatric patients, are often overlooked, resulting in substantial unmet needs. This study aims to provide an overview of challenges reported in literature on unmet health related needs in paediatric patients, as well as informed consent forms (ICFs) used in paediatric research.
Methods
This scoping literature review is a case study on paediatric blood cancer patients, following the PRISMA extension for scoping reviews. Two databases were included, PubMed and Embase. Descriptive data as well as qualitative data on methodological challenges and quantitative data on ICF was obtained from the included articles.
Results
In total, 52 articles were included for analysis. Methodological challenges in research on paediatric patients can be categorised by research stage. During recruitment, obtaining a representative sample can be challenging. Moreover, regarding data retrieval, discrepancies may arise between parent and child perspectives and researchers must be aware of parental dominance when interviewing children. Lastly, distinguishing development and disease-related changes can be challenging. ICFs were analysed in relation to the patients’ ages. In studies addressing minors, there was a tendency to involve adolescents rather than younger children. In most cases, parental informed consent (IC) was obtained, complemented with patients’ assent or IC. When studies focused on the needs of younger children, parents typically served as the respondents, either alone or with their child. In the latter case, an equal number of studies obtained IC from parents alone and complemented with the patients’ IC or assent.
Conclusions
This study provides an overview of methodological challenges and ICFs used in studies regarding research on identifying unmet health related needs in paediatric patients.
Decisional Capacity to Consent to Treatment in Children and Adolescents: A Systematic Review
Decisional Capacity to Consent to Treatment in Children and Adolescents: A Systematic Review
Review Article
Giovanna Parmigiani, Marcello Benevento, Biagio Solarino, Anna Margari, Davide Ferorelli, Luigi Buongiorno, Roberto Catanesi, Felice Carabellese, Antonio Del Casale, Stefano Ferracuti, Gabriele Mandarelli
Psychiatry Research, 25 December 2024
Abstract
Obtaining informed consent in vulnerable populations like children and adolescents, is a relevant issue and raises ethical concerns. Minors are considered unable to consent to treatment, and permission from guardians is required for them. Nevertheless, several studies have been carried out on the competence of pediatric patients, with mixed results. Following PRISMA guidelines, a systematic review was performed to assess children and adolescents’ decisional capacity to consent to treatment. The search strategy identified 2,790 studies, including 10 that survived full-text screening and evaluation. Studies included in the analysis evaluated the decision-making capacity of minors using the MacArthur Competency Assessment Tool – Treatment (MacCAT-T), the Adolescent Psychiatric Patient Competency Questionnaire (CQ-ChP); the Measure of Competency (MOC), the Measure of Competency- Hypothetical (MOC-Hyp). Overall, minors over the age of 13 showed an acceptable decisional capacity. However, further research, preferably on larger groups, is needed to shed more light on this topic.
Improving consent practices in paediatric populations: what can be done?
Improving consent practices in paediatric populations: what can be done?
Letter
Matthew Formstone, Laura Bengree, Robert Wheeler
Archives of Disease in Childhood, 11 January 2025
Excerpt
The Mental Capacity Act 2005 (MCA) and Gillick judgement,1 taken together, establish clear legal principles to guide consent practices in paediatrics. However, a recent retrospective review of local consent practices highlighted significant shortcomings, primarily concerning clinical documentation.
Our study reviewed consent practices in oncology and surgery in a UK children’s hospital, analysing clinical notes and consent forms from 63 children. Among under-16s, only three patient records explicitly documented competence, while most children apparently deferred consent to parents, although this conclusion remains speculative since no explanation was recorded. Even among presumedly capacitous 16-year-olds and 17-year-olds, documentation of decision-making processes was very poor. We have no reason to believe our…
Balancing Parental Rights and Public Health: The Challenge of Childhood Vaccination in a Changing Landscape
Balancing Parental Rights and Public Health: The Challenge of Childhood Vaccination in a Changing Landscape
Commentary
Yang, Y. Tony, Sarah Schaffer
Journal of Public Health Management and Practice, January-February 2025; 31(1) pp 1-4
Abstract
The decline in childhood vaccination rates, exacerbated by the confluence of anti-vaccine sentiment and parental rights advocacy, presents a multifaceted challenge to public health.1 This issue impacts community health and safety, with U.S. measles cases in early 2024 already surpassing 2023 totals.2 Recent surveys show a marked decline in the perceived importance of childhood vaccinations, particularly among Republicans.3 National vaccination coverage for incoming kindergartners dropped from 95% in 2019-2020 to 93% in 2022-2023, with exemption rates increasing in 41 states.4 This trend, coupled with growing support for parental choice to skip vaccines among certain demographic groups,5 underscores the complexity of the current public health landscape. Reflecting this shift, a recent state legislative trend toward requiring explicit parental consent for childhood vaccinations represents a pivotal shift in the public health landscape (Table 1).6 These initiatives, which now often require written informed consent rather than the previously sufficient verbal or implied consent, aim to protect parental rights but can also create barriers that may delay or prevent the administration of vaccines to minors, particularly affecting vulnerable populations. For instance, children from low-income families or those in the foster care system may face significant challenges in obtaining written informed consent from their parents or guardians. This can lead to delays or missed opportunities for vaccination, potentially putting these children at a higher risk of contracting vaccine-preventable diseases and exacerbating existing health disparities.
The Ethical Paradox of Informed Consent in HPV Vaccination: Examining the Legal Boundaries and Ethical Considerations of Parental Consent, Public Health, and Individual Rights
The Ethical Paradox of Informed Consent in HPV Vaccination: Examining the Legal Boundaries and Ethical Considerations of Parental Consent, Public Health, and Individual Rights
Filia Clementy Daniast Susilo, Bagus Faridian, Alexander Alif Nu’man, Pradina Candraning Tyas, Muhammad Luthfi Firdaus
Asian Journal of Medicine and Health, 17 December 2024
Abstract
Background and Objective
Effective communication is crucial in medical procedures, and informed consent is a key example of this. However, informed consent may face unique circumstances, such as in life support situations or government health programs. The Human Papillomavirus (HPV) vaccination, as part of a government initiative, raises the question of whether informed consent is still required. The study aims to explore whether informed consent is still necessary for the HPV vaccination and to analyze the legal implications if a citizen refuses to receive the vaccine. Patients have the right to refuse medical actions, making it essential to understand the legal consequences of rejecting the HPV vaccination.
Methods
This study adopts a normative juridical approach with an analytic descriptive specification. Secondary data was gathered from primary, secondary, and tertiary legal sources through literature reviews, document studies, and archival research. The collected data was then analyzed qualitatively and presented in a descriptive format.
Results
The study found that there are exceptions to the requirement for informed consent for vaccinations included in government programs. Specifically, informed consent is not necessary for individuals within the target age group of the government’s HPV vaccination program. In Indonesia, this program targets girls aged 9 to 14. Additionally, there are currently no legal penalties for individuals who refuse the HPV vaccination.
Conclusion
Informed consent is not required for individuals within the targeted age group of the government’s HPV vaccination program in Indonesia. Furthermore, there are no legal penalties for rejecting the vaccination.
Demonstrating the Electronic Consent Process for Emergency Surgical Patients
Demonstrating the Electronic Consent Process for Emergency Surgical Patients
David Fellows, Giles Bond-Smith
Cureus, 25 October 2024
Abstract
Introduction
Patient consent for surgery is a vital part of the surgical pathway from both a patient safety and medicolegal point of view. Improvement in documenting the full consent process in the electronic patient record (EPR), alongside the standard completion of the paper consent form in a surgical emergency unit (SEU), to comply with the Montgomery ruling of informed consent, has become of paramount importance. The aim of this project was to improve the documentation of the full consent process by creating an electronic template that was easy for the consenting clinician to use and provided a robust record of the bespoke consent process for the individual patient.
Methods
In July 2020, clinicians in the SEU were asked to begin documenting the patient’s consent process in the EPR. The number of documented electronic consent processes (ECPs) of patients who underwent emergency general surgery during a two-week period was then captured between October and November 2020. The second cycle involved creating a single consent template, allowing the ECP to be easily documented in one template for all the common emergency surgery operations. All clinicians who were responsible for surgical consenting were asked to use the electronic template as part of the consent process. The rate of electronic consent was recorded over a second two-week period, six months later, in May 2021.
Results
From the first cycle, 78 patients were identified as undergoing emergency surgery, of which 13% (N=10) had an electronic entry regarding the consent process fully documented and personalised to the patient. From the second cycle, 64 patients were identified. The rate of documented ECPs increased to 77% (N=49).
Conclusion
This project has successfully improved the electronic demonstration of a consent process, bespoke to the individual, in accordance with the Montgomery ruling, by implementing an easy-to-use template on EPR. This is a significant step towards full digital consent in the future.
Ethical issues in vaccine trial participation by adolescents: qualitative insights on family decision making from a human papillomavirus vaccine trial in Tanzania
Ethical issues in vaccine trial participation by adolescents: qualitative insights on family decision making from a human papillomavirus vaccine trial in Tanzania
Lucy Frost, Ms Tusajigwe Erio, Hilary Whitworth, Ms Graca Marwerwe, Richard Hayes, Kathy Baisley, Silvia de SanJosé, Deborah Watson-Jones, Kirstin Mitchell
BMC Medical Ethics, 20 November 2024
Open access
Abstract
Background
Research in children is essential for them to benefit from the outcomes of research but involvement must be weighed against potential harms. In many countries and circumstances, medical research legally requires parental consent until the age of 18 years, with poorly defined recommendations for assent prior to this. However, there is little research exploring how these decisions are made by families and the ethical implications of this.
Aim
To explore key ethical debates in decision-making for participation of children and adolescents in a human papillomavirus (HPV) vaccine trial.
Methods
Semi-structured interviews were undertaken with Tanzanian girls (aged 9–16 years) who had participated in an HPV vaccine trial (n = 13), their parents or guardians (n = 12), and girls together with their parents (in paired parent-child interviews) (n = 6). The interviews were analysed using thematic analysis. Interview data came from a qualitative acceptability study undertaken as part of the Dose Reduction Immunobridging and Safety Study of Two Human Papillomavirus (HPV) Vaccines in Tanzanian Girls (DoRIS) trial.
Results
Girls and parents desired collaborative decision-making, with parents ultimately making the decision to consent. However, girls wanted a larger part in decision-making. Decisions to consent involved many people, including extended social networks, the trial team, media outlets and healthcare professionals and this resulted in conflicts to be negotiated. Deciding where to place trust was central in participants and parents considering decisions to consent and overcoming rumours about trial involvement.
Conclusions
Existing models of decision-making help to understand dynamics between parents, adolescents and researchers but neglect the important wider social impacts and the fundamental nature of trust. Children’s roles in discussions can be evaluated using the principles of consent: autonomy, freedom and information. Concepts such as relational autonomy help to explain mechanisms families use to negotiate complex consent decisions. Whilst interviewees supported the maintenance of legal parental consent, researchers must design consent processes centring the child to ensure that whole family decision-making processes are supported.
Tools for effective patient education to manage outcome expectations in paediatric facial reanimation: a systematic review
Tools for effective patient education to manage outcome expectations in paediatric facial reanimation: a systematic review
Systematic Review
Dimitris Reissis, Cédric Zubler, Edel de Buitleir, Sam Brown, Jonathan Leckenby, Adriaan Grobbelaar
Plastic and Aesthetic Research, 30 October 2024
Open Access
Abstract
Aim
Informed consent for paediatric facial reanimation requires effective patient/parent education and involvement in a shared decision-making (SDM) process to help set their expectations and understanding from the outset. No article in the current literature has systematically reviewed the available tools for facilitating effective patient/parent education and the validity of informed consent in the context of paediatric facial reanimation.
Methods
A systematic literature review was undertaken, following the Preferred Reporting Items of Systematic Reviews and Meta-analyses (PRISMA) 2020 guidelines. MEDLINE via PubMed, Embase and Cochrane Library were searched and the results screened and reviewed in accordance with pre-defined inclusion and exclusion criteria.
Results
The initial search yielded 478 articles, of which only 4 fulfilled the study’s inclusion criteria. One cohort study evaluated qualitative feedback from patients and their relatives participating in a family education and support day for paediatric facial palsy, while another article from the same group reviewed the readability of online education resources. The remaining two articles represented educational reviews focusing on treatment and patient education based on expert opinion without providing original outcome data.
Conclusion
There is a paucity of evidence regarding patient/parent education to support the informed consent process for children undergoing paediatric facial reanimation. There remains a need for further resources and platforms to be developed that may support children and their parents in engaging in a SDM process, setting appropriate expectations, and providing valid informed consent for their surgery.