Overcoming Parental Consent: How can International Human Rights Law be used to Protect a Child’s Right to Health in Childhood Immunization Cases?

Saukila, Walhalha Sphiwe

Overcoming Parental Consent: How can International Human Rights Law be used to Protect a Child’s Right to Health in Childhood Immunization Cases?

Master Thesis

2020

Abstract

Children have the right to preventive medical treatment and interventions that serve their best interests. In the case of minors, this right is exercised by the parent or legal guardian with hopes that they will exercise their responsibility positively. Over the years however, this right has been challenged by an increasing number of parents withholding consent to immunize their children against some deadly diseases for one reason or another. This has led to a conflict between parental consent and the child’s right to health and resolving this conflict is an issue of law. Childhood immunizations are the first line of defence for a child and as such, should be considered a basic human right that needs to be protected. By denying this right to the child, it infringes on that child’s right to health and right to life. This should not be the case as international human rights law demands the protection of society’s most vulnerable members, especially children.

Keywords

International Law

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Masters

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