Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2009

Health Law and Policy

Alicia Ouellette

Articles 1 - 2 of 2

Full-Text Articles in Law

Shaping Parental Authority Over Children's Bodies, Alicia Ouellette Mar 2009

Shaping Parental Authority Over Children's Bodies, Alicia Ouellette

Alicia Ouellette

U.S. law treats parental decisions to size, shape, sculpt, and mine children’s bodies through the use of non-therapeutic medical and surgical interventions like decisions to send a child to a particular church or school. They are a matter of parental choice except in extraordinary cases involving grievous harm. This Article questions the assumption of parental rights that frames the current paradigm for medical decisionmaking for children. Focusing on cases involving eye surgery, human growth hormone, liposuction, and growth stunting, I argue that by allowing parents to subordinate their children’s interests to their own, the current paradigm distorts the parent-child relationship …


Shaping Parental Authority Over Children's Bodies, Alicia Ouellette Mar 2009

Shaping Parental Authority Over Children's Bodies, Alicia Ouellette

Alicia Ouellette

U.S. law treats parental decisions to size, shape, sculpt, and mine children’s bodies through the use of non-therapeutic medical and surgical interventions like decisions to send a child to a particular church or school. They are a matter of parental choice except in extraordinary cases involving grievous harm. This Article questions the assumption of parental rights that frames the current paradigm for medical decisionmaking for children. Focusing on cases involving eye surgery, human growth hormone, liposuction, and growth stunting, I argue that by allowing parents to subordinate their children’s interests to their own, the current paradigm distorts the parent-child relationship …