Topic > Court Authorization to Sterilize a Minor

Essay on Juvenile Law I will answer the question that guardianship jurisdiction allows a court to authorize the sterilization of a minor when it is believed to be in that child's best interests and in the legal compliance and broader implications of that. According to Section 1(1) of the Family Law Reform Act 1969, a minor is defined as "a person who has not attained the age of 18 years". Children between the ages of 10 and 14 are considered incapable of forming criminal intentions. This presumption can, however, be rebutted by demonstrating that the child in question knew that his behavior was "gravely wrong", i.e. that he was more than simply bad. Under the law young people between the ages of 14 and 18 are treated as adults and are assumed to have normal capacity to commit crimes, however they are treated differently in the courts and risk receiving different sentences than adults who commit a crime. similar crime. The High Court has the power to make certain orders relating to children if they have been removed, are in serious danger or at risk. The court will make the child a ward, a ward is a “person, especially an infant or an incapacitated person, entrusted by the court to the care of a guardian.” This means that the High Court will have responsibility for that child and no orders can be made or action taken which affects the child unless the permission of the High Court is obtained first. As the Children Act 1989 allows courts, including the High Court, to make orders relating to children, guardianship proceedings are only used in very rare circumstances. achieves sufficient understanding and intelligence to read...... middle of paper...... (Last visited 3/03/2014) http://m.unicef.org.au/downloads/Advocacy/ Law-Library/Article-03.aspx (Last visited 3/03/2014) Table of cases Gillick v West Norfolk and Wisbech AHA [1986] AC 112Re B (A minor) (on-call sterilization) [1988] AC 199-Case JeanetteRe C (Adult, refusal of treatment) [1994] 1 FLR 31Re C (A Minor) (Guardianship: Medical treatment) [1991] 1 FLR 366Re D (A Minor) ( Protection: Sterilization) [1976] Fam 185Re Eve (1986) 31 DLR (4°) 1Re F (Mental patient: Sterilization) [1999] 2 AC 1Re J (A Minor) (Guardianship: Medical treatment) [1991] 1 FLR 366Re K, W and H (Minors) (Medical treatment) [1993] 1 FLR 854-anorexic caseRe M (A Minor) (Protection: sterilization) [1988] 2 FLR 497Re P (A Minor) (Protection: sterilization) [1989] 1 FLR 182Re W (Mental patient: sterilization) [1993] 1 FLRRe W [1992] 4 ALL ER 627T v T [1988] Fam 52;