RESUMO
The article provides a critical analysis of the new Danish Act on Use of Force in Somatic Treatment of Adults with a Permanently Impaired Ability to Give Consent (FTAC, Act no. 655 of 8 June 2017), which covers adults unable to give an informed consent. The rules in the Act are included in the legal framework governing medical treatment with and without consent in Denmark, and the article draws on international human rights in connection with the subject matter. The aim of the article is also to highlight the grey areas that still exist despite the new rules and to provide legal argumentation for solutions to the issues that can arise in these legal grey areas.
Assuntos
Consentimento Livre e Esclarecido/legislação & jurisprudência , Tratamento Involuntário/legislação & jurisprudência , Adulto , Tomada de Decisão Clínica , Dinamarca , Humanos , Competência Mental/legislação & jurisprudência , Autonomia PessoalRESUMO
Confidentiality is paramount in healthcare, yet according to Danish guidelines, health professionals have to inform parents about their child´s situation until the age of 18 years. This is in contrast to Danish legislation regarding informed consent, where adolescents aged 15 years can consent to treatment. Young people value confidentiality, although they are unaware of the current guidelines. International guidelines on youth-friendly health services recommend split visits and confidential care while at the same time acknowledging parents' caretaking role, especially in adolescents with chronic illness.
