Marion's Case

From Uni Study Guides
Jump to: navigation, search

Citation: Marion's Case (1992) 175 CLR 218.

This information can be found in the supplementary materials to LAWS1052 - Introducing Law & Justice.

Contents

Background facts

  • Marion was a mentally disabled child, and her parents wanted to have medical treatments in the form of operations to ensure that she would not be able to have a child.

Legal issues

  • Intentional Torts - Capacity to Consent
    • Does the medical treatment of the operations amount to assault? Can the hysterectomy and ovariectomy be considered ‘medical treatment’?

Judgment

  • Prima facie, any physical contact or threat of it is unlawful, it is the right of the individual to choose what occurs with respect to his or her own person
  • Parental consent (when itself is effective) is an exception to the need for personal consent for a minor who, due to incapacity, cannot consent. This scope of parental power to consent diminishes as the child grows and is capable of giving an informed decision
  • In order to ensure the best protection of the interests of the child, such a decision should not come within the scope of parental power to consent to medical treatment.
  • In decisions where “the consequences of a wrong decision and particularly grave”, determined by complexity of the question and the conflicting interests of parents or guardians, court authorisation is required

References

Personal tools
Namespaces

Variants
Actions
Navigation
Toolbox