In: Nursing
In all U.S. states, the age of majority is generally defined as 18 years, but minors around 12 years of age are legally allowed to seek HIV testing without parents’ approval including care related to sexual activity. Do you believe this practice is ethically justifiable or not? Discuss by reference to the violation of parental autonomy, state beneficence, etc.
Minor's right for HIV test:
In US, the minors can seek HIV testing, without parens ' approval and other care related to sexual activity, Even though the age of Majority is 18 years. ( I believe that ) This practice is ethically justifiable as most of the American states are allowing the children to be free on selecting a dating partner or involving in a sexual activity without parents' permission or approval . That means the ' Age of consent ' in many States of US is 12 or 14. That allows the adolescent to have the relationships according to their wish. Then it is ethical that the minors also should have the right to seek treatment for STD or care related to sexual activity .
There are other reasons also for accepting this practice as an Ethical one. Minors may hesitate to come for Diagnosis and treatment of HIV , if there is a need of parents' approval for the procedures. It inturn may affect the health status of the particular children. Many researches revealed that majority of the minor girls hesitate to come for the diagnosis and treatment procedures related to HIV and other issues in fear that their parents might come to know the issue. So it is ethical to allow the minors to seek treatment for STD or care related to sexual activity without parent's approval.
Parental autonomy is parent's freedom to act or function independently for their children matter. In case of a minor child the parents have to give the consent for the medical procedures. But in few situations like an adolescent child's private issue like their status of sexually active or pregnancy etc can be dealt without parent's consent as per law. Most of the states are approving this practice of Minors ' autonomy, unless there is a risk for the child's life or health. According to the principle of Beneficience, the Health care providers should Do Good for the child. In case of any harm , it should be reported to Parents.
Supreme court also stated that minors have certain constitutional rights , especially the right of privacy. There are no States that specifically prohibits adolescents' acess to HIV prevention methods. Around 46 states are allowing the minors for giving consent to medical care.