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Family Law

The leading authority on all aspects of family law

22 SEP 2011

Re C (Welfare of Child: Immunisation) - Room to refuse? Immunisation, welfare and the role of parental decision making [2004] CFLQ 213

Disputes between parents over routine childhood immunisation raise questions about the justiciability of minor issues of medical treatment and the courts' handling of parental decisions. This commentary on the first instance and Court of Appeal judgments in Re C argues that the construction of welfare frequently deployed in such disputes is a narrow and individualistic one which privileges medical best interests and norms over a wider conception of welfare, and fails to take sufficient account of rights-based arguments. 

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