Introduction
Rights are the provisions of how individuals relate and live with each other including the respect given to other people’s lives and property. Parents’ rights face a major threat when it comes to the question of setting restrictions and disciplining as there has been the misconception that the rights of children override those of parents. The common talk on rights is focused on individuals getting things done their way, and that they exercise their will on issues and others. As a point worth noting the rights of children include that of being safe; affectionate treatment; learning; accessing medical care and to be protected from abuse and brutality. The role of protecting children’s rights is done by parents until the come of age to make their decisions in the society. The rights of parents towards their children are spelled out in different acts of parliament regarding the lawful authority they have in given areas. However there are grey areas that are not covered by these acts; including the areas of the extents of physical punishment and home curfews. However court rulings are important in deciding these gray areas of parental rights as they provide common laws. An example of these laws is the one stating that punishment should be ‘rational’ and ‘moderate’ (Dare, 2009).
Main body
The law allows parents to up-bring children based on their values and beliefs without interference unless there are perfect reasons that place the child’s well-bend at danger. On the area of medical treatment the rights of the parents are overruled when there is need for treatment or provision for treatment by a court order. It is also important to note that a child is considered to be any person under the age of twelve years according to the ACT provisions. The ACT laws also provide that any persons under the age of fourteen years can not see a doctor on their own, but can only do so accompanied by the parent or another adult. The compassionate US Act 1996 regarding the medical use of marijuana was passed by a 55.6% voter initiative. It therefore forms a distinctive tool in the medical use of marijuana for medical cases that are considered treatable using this therapy. However the recommendation of a doctor and the patient’s primary caregivers is expected and the provisions on its use can be overruled if the conduct of the user is threatening to the well-being of others or has the provisional use diverted. (Dare, 2009).
The major threat facing parents regarding the medical rights of their children is the fear of losing their guardianship. Parents can loose the custody of their children incases of disagreeing with doctors’ recommendations regarding the treatment and health status of their children, even under the conditions of seeking for a second opinion on the matter. In the case of the mother son example on the medical use of marijuana; the mother had sought medical intervention for her son’s case and got more than sixteen prescriptions given to no avail. However after the subjection to medical marijuana therapy, the condition of the son improved greatly from time to time with the continued use. It should also be considered that the dosage to the patient was being controlled by a pediatrician meaning that the medication was done based on medically professional standards. However, from the medication the parents rights of custody were challenged on the basis of having allowed the son take Marijuana medication. (Hester, 2007)
According to the mother, the medication should be discontinued if it no longer impacts the son’s health conditions positively and for the fear of the results of the long-term use medication. From the discussion it is evident that the son’s welfare is the factor that is of more importance regarding the exposure to the marijuana medication. After the review of different materials I am in support of the idea that it is a parents right to allow their children the use of medical marijuana because; to start with it is a criminal action for any medical practitioner to force unnecessary or harmful medication and treatment on children. This is because it amounts to the violation of the rights of humanity when the authorities tear the relationship between children and their loving parents. However the deprivation of custody of children based on medical issues should be based on individual cases, where it is rational when done to parents who neglect the medical needs of their children (Dare, 2009).
From the case studied, the parent is also concerned about the long-term effects of the use of medical marijuana. This is the case because the use of marijuana is known to bring about the development of pathological behavioral actions that create a threat to the well-being of other members within the society. This therefore gives the parent the right to choose the time when their child should stop the medical use of Marijuana depending on whether it is helping improve the medical condition towards betterment or not. (Hester, 2007)
Parents form the key socialization factors to their children and also the chief source of love and care. This is the case because the parents are the ones that have lived with their children long enough to know their different personal needs, medical history, possible threats and limits. This therefore justifies the fact that the parent has the sole right in allowing their children to be subjected to the use of medical marijuana depending on the child’s medical history. Further it is well known that the children taken by the so called child protection institutions go through a lot of physical, social and psychological difficulties during the period of growing up. (Hester, 2007)
However the parental rights of a parent in deciding for or against the use of Medical marijuana should be based on the fact that the parent is well informed about the therapy; concerning the positive and negative outcomes that may result from the use and this information can be sourced from the advice given by the doctor proposing the therapy. As a parent, one can question the professionalism and experience of medical practitioners as a measure to ensure that they place their child in the best medication process. Parents also have the right to seek for a second opinion on matters of medication so as to ensure that they subject their children to the right medication. Other rights of a parent towards the medication of their children include: – privacy and dignity; cooperation and communication with and from medical officials administering medication on their children. (Dare, 2009).
Conclusion
Talking of rights each and every person has their own and talking of parents rights about their children include the right to know, understand and decide what their children are subjected to. On the area of medical marijuana; its use has been legalized therefore depending on the medication needs of their children, recommendation by doctors and the lack of optional medication places the parent with the sole rights of deciding if their children will take the medication. This is the case because the parent knows their child’s health history best and has their child’s health as the major interest in seeking medical care. However in cases of parental neglect the deprivation of custody is helpful in improving the welfare of children
Reference list
Dare, T. (2009). Parental rights and medical decisions. Pediatric Anesthesia.
Hester, D. (2007). Interests and Neonates.There is more to the Story than We Explicitly Acknowledge. Theoretical Medicine and Bioethics.