Too Close to the Knives: Children's Rights, Parental Authority, and Best Interests in the Context of Elective Pediatric Surgeries

This thesis paper defends a novel conception of the child's best interest in regard to elective pediatric surgeries (EPS). First, children's capacity for decision-making is examined, and the best decision-making model for EPS is identified as the Best Interest Standard. What follows is a discussion of the interests of children in EPS, the correlation of fundamental interests to rights, and guidelines for weighing children's competing interests. Next, the role of families is considered, especially the rights and duties of parents. Finally, a reinterpretation of the Best Interest Standard is proposed, identifying as paramount a child's ability to make elective medical decisions for herself when she reaches maturity.