Enforcing child-protection rights and finding healthcare providers unsuitable to work with children
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Abstract
Background. A range of constitutional rights aimed at protecting children fall under the umbrella term ‘children’s protection rights.’ Healthcare providers have a legal and ethical duty of care towards their patients. Those who work with children have constitutional obligations to act in the best interests of child patients and are expected to uphold children’s protection rights. However, there are instances in which healthcare providers contravene professional ethics and legal obligations by harming children.
Objective. This article explores when and how a finding of unsuitability to work with children can be used to enforce child protection rights against healthcare providers.
Method. The contents of s120 of the Children’s Act, related case law and pertinent health legislation were analysed to determine when, how and by whom, healthcare providers may be found unsuitable to work with children.
Results. A healthcare provider may be found unsuitable to work with children when the conditions of s 120 of the Children’s Act are met. Such a finding can be made by, among others, disciplinary bodies such as Professional Conduct Committees (PCCs).
Conclusion. If forums such as PCCs effectively apply s120 of the Children’s Act against unsuitable healthcare providers, this would further demonstrate the commitment of the health profession to advance the protection rights of all children.
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References
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