The Law Reform Commission has recommended that 16 and 17 year olds should be presumed competent to consent to and refuse medical treatment, including surgery, contraception and mental health services.
A new report from the Commission makes over 20 recommendations aimed at clarifying existing law for 16 and 17 year olds and ensuring those under-16 have their views taken into account when they seek medical treatment.
The Commission also said where any person under 18 years refuses life-sustaining treatment, an application to the High Court would be required to decide on the validity of such a refusal.
It says mature minors, those under 16, should not be presumed competent to consent to, or refuse, medical treatment.
However, in exceptional circumstances they may do so based on an assessment of their maturity and a presumption their parents or guardians will be involved.
It also calls for the Mental Health Act 2001 to be amended to provide for the review of the admission and treatment of people under-18 to be carried out by a Mental Health Tribunal, rather than the district court.
Call for debate
A leading consultant psychiatrist has called for further debate before giving 16 and 17 year olds the power to refuse medical treatment, including mental health care.
Dr Siobhan Barry, who works at the Cluain Mhuire St John of God community mental health service in Blackrock, said that part of the maturing process for adolescents involves opposition, often when those stances are not for their own good and parents may have a different view.
The Mental Health Act 2001 defines childhood as concerning people under the age of 18, unless they are married. She said that any change as proposed would require amending legislation.
Dr Barry said that where a person refuses mental health care, it makes the situation very difficult.
She also said it was not acceptable for addictions to be the sole reason for a mental health admission, as this is prohibited under the Act.
In its report today, the Law Reform Commission has expressed concern over such 'social admissions'.
