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The existence of competent children's right to medical confidentiality was confirmed in R (Axon) v Secretary of State for Health (Family Planning Association Intervening). However, a number of important questions remained unanswered including: whether non-competent children have a right to medical confidentiality against their parents as well as third parties; when it would be legitimate to override competent and non-competent children's medical confidentiality; whether parents can rely on Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 to claim a right to disclosure of their children's medical information; and, if so, what approach should be adopted where that right comes into conflict with children's Article 8 rights to privacy and confidentiality. These questions will be explored, taking into account the development of the law of confidentiality as a means of protecting Article 8 rights to privacy. It will be argued that children's right to, and decisions regarding, medical confidentiality require greater respect and protection.
Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of...