Die Einwilligung in die medizinische Behandlung Minderjähriger

This book examines the legal complexities of consent in medical treatment for minors, addressing significant uncertainties in German law and advocating for a unified approach.

In Die Einwilligung in die medizinische Behandlung Minderjähriger, the author explores the complex issue of consent in medical treatment for minors. This topic is crucial in medical law, particularly when it comes to the legal rights of children and adolescents. The book delves into the legal framework surrounding consent, highlighting the challenges that arise when determining the capacity of minors to give informed consent. It underscores the importance of understanding the nuances of this area of law, especially given the varying interpretations and applications across different jurisdictions.

The work also addresses the significant legal uncertainty in Germany due to the absence of a clear statutory regulation. The author notes that recent rulings, particularly from the Federal Court of Justice, have created a divide between civil and criminal law regarding minors' rights to consent. This divergence raises important questions about the need for a consistent legal approach to consent as a justification in both civil and criminal contexts. The book examines these issues within the framework of national law and also considers comparative perspectives from Austrian and Swiss legal systems.

Ultimately, Die Einwilligung in die medizinische Behandlung Minderjähriger presents a thorough investigation into the legal complexities surrounding minors and medical consent. It aims to contribute to the ongoing discourse on the necessity of a unified understanding of consent within the legal landscape, advocating for clarity and coherence in the law as it pertains to young patients.