The Right of Privacy v. Medical Ethics Child abuse and neglect can result from physical, emotional, or sexual harm. Most often, child harm originates from the presence of an action (abuse) rather than the absence of it (neglect). Physical abuse involves a non-accidental harming of a child, verbal abuse involves harming or threats of harm to a child. Child abuse and neglect is defined by the State of South Wisconsin as “the physical abuse, sexual abuse, willful cruelty, unlawful corporal punishment, and neglect of any minor by any person” (Nelson, 2014). The State of South Wisconsin requires health practitioners and child care custodians to report child abuse and neglect to local law enforcement or Child Protection Services (CPS) …show more content…
2. The insufficiency of State 's interest.
3. The psychological repercussions toward minors.
4. The Hippocratic oath in medical ethics.
The Constitution guarantees individual 's inalienable right of privacy which have been interpreted further as a “right of substantive sexual privacy” (Nelson, 2014). I argue that the right of privacy in the Constitution can be generalized and applied to minors. On the basis of that application, the right of privacy should outweigh the duty of health care practitioners and child care custodians to report possible child abuse and neglect cases. Since the right of privacy are inalienable, I argue that minors also have “an interest in controlling the circulation of personal information” (Nelson, 2014), which in this case refers to sexual privacy. The duty of health care practitioners and child care custodians is to “act in the best interest of the patient and of confidentiality” (Markel, 2004) which requires them to refrain from announcing personal information itself. In several cases, where circumstances arise in a binding manner, the State is allowed to intervene. The intervention allowed the State to overrule the plaintiff 's interest, if there are “compelling State interests, provided that these interests are achieved by reasonable means that restrict the privacy right as little as practicable under the circumstances” (Nelson, 2014). This statement, in itself is a predicament. What are as little as practicable
“ The Federal Child Abuse Prevention and Treatment Act (CAPTA) … defines child abuse and neglect as, at minimum: "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation"; or "An act or failure to act which presents an imminent risk of serious harm."” (U.S. Department of Health & Human Services and Administration for Children & Families, "Definitions of Child Abuse
Child maltreatment is physical or sexual or emotional abuse. the most common is negligence. This neglect would be in the form of a failure to provide basic needs which includes physical or emotional neglect; absence of intervention; emotional abuse; and mental mistreatment. Physical neglect is when a child doesn't receive proper food, education, clothing, food, sufficient shelter. Emotional is when a child doesn't receive attention or affection they need. Lack of intervention: lack of dental care
Child abuse and neglect is a big problem in the United States. Child abuse is sexual, physical, emotional, and even verbal maltreatment towards the children. When food, clothing, and shelter is not provided this is termed neglect. Many children in the United States are abused and neglected by parents, grandparents, guardians, and friends of the family. Many children suffer abuse such as beating, starved,
Why it is important to reassure children, young people and adults about confidentiality and why it may need to be breached.
Matters related to confidentiality and disclosures are legal issues, both adult and children have the right to confidentiality, in some situations it is not possible to maintain it. In some circumstances confidentiality has to be broken, if there is a concern of an individual wellbeing or aware of a crime, that must be reported to the necessary authority. A normal code of conduct process must be abided by when breaking confidentiality.
Do you know the difference between child abuse and discipline? Child Abuse is when someone physically and mentally hurts another person. Discipline is teaching someone or something to do the right thing. Child Abuse is very common in the United States. Many children suffer from bruising, swelling skin, and broken bones. Situations like this happen because of problems at home or personal problems. Parents at home abuse their children because of drinking and depression issues. In this crazy world, there are numerous types of abuses. There is sexual abuse, physical abuse, neglect, and emotional or psychological abuse. Sexual abuse is an intentional incident that involves sexual relationship to a child using all their power and taking advantage of them. According to Family & Community Services, Physical abuse is a nonstop injury that happens more than one time. Neglect is a type of abuse you just don’t care or pay no attention to your child. Emotional or psychological harm is when you make your children think something that isn’t true. Discipline children usually do the things their parents or guardian tell them what to do because they teach them to pay attention and be polite.
• Confidentiality and when, for the safety of the child or young person confidentiality must be breached.
In “The Encyclopedia of Child abuse” (Clark, Clark, and Adamec) found that: Child abuse and neglect are defined as the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child under the age of eighteen or the age specified by the child protection law of the state in
Personal interest in the right to privacy has intensified in recent years along with the rapid development of new technologies. A century later, these concerns remain, but many others have joined them. Advances in information and communications technology have increased our ability to collect, store and transmit data about individuals. While these advances could be considered useful, some see them as a situation where anyone can watch and record the actions of every individual, and where the individual has lost control over information about herself and thus over her very life. As a reaction to these concerns, new regulations have been formulated to define the rights of individuals and the limits on the use of technology with respect to personal information.
In the first article “Parental Consent Laws are Necessary” by Michael New, New explains that the benefit of putting parental
There are many ways that a parent or caregiver can inflict harm on a child, so child abuse is used as an umbrella term for many types of abuse. Child abuse is typically broken down into four types of abuse: physical abuse, sexual abuse, emotional abuse, and child neglect. Physical abuse is the act of causing intentional physical harm upon a child. This abuse can include hitting, shaking, throwing, and other acts that can damage a child, often times causing psychological harm and life long injury.
This article, The Undercover Parent, addresses the dilemma of the privacy of american children today. It is assumed in the article that there is a broad belief in america that teens should have their privacy and be trusted with the technology that they are using. The author argues against this and claims that parental oversight is necessary with teens today. He mostly argues that the safety of the child is at stake and that predators have the ability to prey on teens that aren't wise. The author brings up the point that it having talks with your child about uncomfortable topics such as pornography is important, and that it is easier to have these talks when they have some sort of context. Then he goes on to give an example of a father
Child abuse and neglect is a significant problem in the United States that should demand direct attention. There are approximately three million child abuse reports made each year, and these reports involve more than six million children. Out of four to five children that die daily, 70 percent are under three years of age. There are 90 percent of cases involving of children who know who know their perpetrator. The main factors of child abuse are physical, emotional, and sexual abuse. In many cases involving sexual abuse, there is usually not any medical evidence to be shown, and there are usually not any witness due to the sexual acts taking place in private places. That is why it is considered the “hidden” form of abuse. Neglect is a type of maltreatment related to the failure to provide needed, age-appropriate care.
Many people are unsure of the rights granted to minors because of the laws in place, or the lack of laws in place. In fact there are laws, such as the Privacy Act of 1988 that could be a reason people are confused about the rights minors have to confidentiality. This act is directly described in a professional practice article when Bird (2007), stated that an adolescent’s health information can be released to a guardian, but in circumstances where a minor is capable of making their own medical decisions, they should be allowed to do so (p. 655). Bird further explained that “If an adolescent is able to consent to their own medical treatment, then they are
Personal sovereignty is the control and dominance one has over one’s own body, and it is a huge part of the discussion in a minor’s access to medical procedures, and, consequently, birth control. The United Nations Declaration on Human Rights (UNDHR) discusses personal sovereignty in several articles, all of which need to be taken into consideration when discussing a minor’s rights over his or her own body.