ASIDE FROM THE QUAINT BRITISH LINGUISTIC TRADITION OF PRETENDING THE JUDICIARY IS NOT PART OF "THE GOVERNMENT", FACT REMAINS THAT UK LAW AND US LAW DO DIFFER SEVERELY IN THESE AREAS, AND THIS OUTCOME COULD NEVER HAPPEN HERE, AS A MATTER OF BASIC CONSTITUTIONAL LAW.
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PARENTAL RIGHTS ARE HIGHLY CONSTITUTIONALIZED (SEE TROXEL V. GRANVILLE). THE STATES ARE BOUND VIA INCORPORATION. AND THE JUDICIARY ORDERING ONLY PALLIATIVE CARE, NO MATTER HOW WELL INFORMED A DECISION IT MIGHT BE MEDICALLY, WOULD BE A CLEAR 5TH AMENDMENT "TAKING" OF LIFE. ETC.
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Parental rights do have a very high status, but they're not absolute - court have overridden them in the interest of the child before. The problem is that in most of those cases the scenario is the opposite - the parents want to cease treatment or not give treatment, v. hospital.
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IANAL, but I'm pretty sure that the best interest of the child is the legal standard in the US too. I've blogged about cases where the courts ordered chemotherapy for children with cancer whose parents didn't want it, preferring quackery instead.
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BEST INTEREST OF THE CHILD IS STILL THE STANDARD ON PAPER, BUT SINCE TROXEL, THAT HAS BECOME SOMETHING OF A FICTION, AS ANY SIGNIFICANT DECISION THAT WOULD OVERRIDE PARENTAL DECISIONMAKING BECOMES HIGH CONSTITUTIONAL THEATRE.
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Replying to @RepublicanDalek @gorskon and
AS YOU AND THE OTHER HUMAN POINT OUT, COURTS (RARELY) OVERRIDE AND ORDER MEDICAL TREATMENT. THAT IS ESSENTIALLY A JUDGMENT THAT DENYING CARE AMOUNTS TO CHILD ABUSE, WHICH (ONLY PARTIALLY) CONFLICTS WITH PARENTAL CON RIGHTS. BUT ORDERING *NON-TREATMENT*?
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Palliative care is not "non-treatment."
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It would certainly run into cultural barriers. For example, our courts have in the past hesitated to find that being born with severe disabilities is an injury, when the option was not being born. I don't know where a judge would go.
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THE DALEK KNOWS FAMILY COURT JUDGES ARE STILL RUNNING VERY SCARED OF CONSTITUTIONALIZATION, AND HAVE ALLOWED SOME SHOCKING THINGS IN ITS SECTOR TO AVOID CONFRONTING IT. DALEK WOULD BET A VEEERY LARGE VOLUME OF BEER ON THE OUTCOME.
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I hope it never gets to a decision. Anyway, if either of my colleague points me to any cases of the kind, I'll share them.
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Certainly I've seen some pretty bad decisions going the other way that let parents in essence medically neglect their children, even leading to their deaths.
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