Parental responsibility over child’s health: Dispensing with court proceedings in emergency situations

Abstract

From time immemorial, the child has been regarded as an incomplete being who depends on the assistance of adults, particularly, his parents or those in loco parentis, to survive and succeed in life. Parental responsibility over the child is considered as an indispensable tool to the full realisation of child rights. Sometimes, however, this responsibility when it relates to the health of the child, is discharged more to the detriment rather than for the benefit of the child. In such a case, government usually intervenes through the courts to pave way for appropriate steps to be taken in the best interest of the child. Considering the rigorous and cumbersome procedures associated with courts of some countries, emergency situations may arise requiring instant measures to be taken. This research understudied the right of the child to health visa-vis parental  responsibility to protect this right in emergency situations. It adopted a non-doctrinal approach to the study and recommended inter alia that provisions be made in the Child’s law for health care givers to take actions in the best interest of the child without recourse to the courts in emergency situation.

Key words: Parent, Parental Responsibility, Child and Health