Guide to children’s participation in decisions about their health  

Relevant domestic law(s) in Council of Europe member states

There are substantial differences across Council of Europe member States in the way children’s right to participate in decisions regarding their health is reflected in law and interpreted.

 The right to consent

To start with, the statutory age at which children can provide their consent varies from 12 to 18 years.

Domestic legislations differ as to the way they consider the age criteria:

 The right to receive information and/or to express a view

As stated already, according to the UN Convention, all children have the right to receive appropriate information and to express their views. The Convention makes no distinction based on age.

Again, domestic legislations reflect this differently:

 On biomedial research

National legislations of Member States generally reflect the fact that, in research settings, the refusal of a child to participate may not be overruled.