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The Paradox of ‘Mature’ Minors in Medicine

Bioethics & the Body
Parallel Paper
June 26, 2021
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In order to make their own medical decisions, minors must first be denominated as “mature” in court. As part of the process, they must be able to demonstrate that they have knowledge and understanding of their condition. However, our current medical system allows doctors to withhold information and lie to patients, if asked by the parents. Thus, in many cases, minors are not provided with the necessary knowledge to make medical decisions. This paper uncovers the paradoxical and unfair nature of the established process of denominating minors as “mature” under a system that allows doctors to withhold information from minors. The paradox of “mature” minors in medicine establishes that: the prerequisite for developing and expressing maturity is withheld because the minor doesn’t have the prerequisite to be considered mature. Hence, they are not given the tools to be mature because they are not mature; thus, a paradox is born. I begin by explaining the Mature Minor doctrine and the necessary requisites to be considered ‘mature’. Then, I explore the discourse of lying to minors and how, even though it leads to injustices, it has been accepted as moral. Lastly, I argue that the co-existence of the Mature Minor doctrine and the practice of lying to minors leads to a paradox and to further injustices. I conclude that, in order for the current process to be just and minors to be given a fair opportunity of proving their maturity, the practice of lying to minors must be abolished.

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