Ethical and Legal Nuances in Child and Adolescent Mental Health

Ethical and Legal Nuances in Child and Adolescent Mental Health

Pratibha Gehlawat, Tanu Gupta
DOI: 10.4018/978-1-6684-9983-2.ch026
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Abstract

Child and adolescent psychiatry are mainly concerned with the diagnosis and treatment of mental disorders in child and adolescent populations. The children are vulnerable and their ability to understand matters related to their well-being is restricted. Common ethical issues in children and adolescents include assent, consent, autonomy, confidentiality, justice, and equity. The chapter discusses ethical issues as well as the difficulties faced in following ethics. The chapter outlines the summary of the existing laws pertaining to children and adolescents in India including the basic rights and criminal responsibility. The laws related to child and adolescent mental health are discussed in detail. The provisions related to treatment of minors under Mental Health Care Act, 2017 is discussed along with the critical appraisal. Critical appraisal of other relevant laws/Acts allied to children and adolescent mental health is discussed. The need for formal training of all mental health professionals regarding the laws and acts of the land is also highlighted.
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Ethical Concerns In Children And Adolescents

Until 18 years of age, children are usually considered undergoing the process of developmental maturation. The factors like children-guardian conflicts, decision making, need for information dissemination arise due to continuous developmental maturation going on among children (Langarizadeh et al. 2017). This frequently leads to ethical dilemmas concerning physical as well as mental health of children and adolescents.

Key Terms in this Chapter

Ethics: The word “ethics” is derived from the Greek word ethos (character), and from the Latin word mores (customs). It regulates the human conduct in the society. Ethical dilemmas commonly occur when contradictory potential “right” actions conflict with one another.

Legal: To being in accordance with the law of the land.

MHCA: Mental Health Care Act 2017

JJ Act: Juvenile Justice Act 2015

Child Mental Health: The complete well-being and optimal development of a child in the emotional, behavioural, social, and cognitive domains.

POCSO: Protection of Child Against Sexual Offences 2012

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