The Potential Value of the U.N. Convention on the Rights of the Child in Pediatric Bioethics Settings

Da Silva, Michael, Lew, Cheryl, Lundy, Laura, Lang, Kelli, Melamed, Irene and Zlotnik Shaul, Randi (2015) The Potential Value of the U.N. Convention on the Rights of the Child in Pediatric Bioethics Settings. Perspectives in Biology and Medicine, 58 (3), 290-305. (doi:10.1353/pbm.2016.0012).

Abstract

This article provides support for the use of a particular international human rights law document, the U.N. Convention on the Rights of the Child (CRC), in contemporary pediatric bioethics practice without relying on the legally binding force of the document. It first demonstrates that the CRC's core commitments and values substantially overlap with the core commitments and values of mainstream bioethics and with the laws of many domestic jurisdictions where mainstream bioethics are currently practiced. It then explores some implications of this overlap. For instance, the substantial international human rights law scholarship on how to understand these commitments and values can be helpful in suggesting ways to operationalize them in domestic bioethics practice and can offer insightful, internationally generated ethical perspectives that may not have been considered. The article also argues that the CRC can help health-care organizations develop policies consistent with the best interests of children and that the CRC can serve as a common language of values for transnational health-care collaborations. However, as a final case discussion demonstrates, whatever the merits of the CRC, one may face practical difficulties in trying to use it.

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Contributors

Author: Michael Da Silva

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