Parental autonomy and children's health: a patriarchal dilemma in the Middle East, with particular emphasis on Kuwait.

Abstract

In 2020, Kuwaiti mothers won legal medical guardianship over their children, enabling them to authorize medical treatment, this despite still not having autonomy for their own medical care, yet being vicariously liable for potential tort caused by their child. This dichotomy raises questions over the implementation of the new legislation, if the mother and the male guardian had opposing views over the child's health. Recent years have seen the UK cases of Charlie Gard and Alfie Evans initiate passionate ethical debate when courts invoked Parens Patriae, superseding parental autonomy and supporting clinicians' decisions to withdraw life support. Middle Eastern courts tend to support parental decisions; however, strict civil laws exist regarding the continuation and cessation of life support. This article examines the patriarchal culture in the Middle East and explores whether a Kuwaiti mother's medical autonomy would be upheld in the event of a parental dispute over their child's treatment and end-of-life care, within the framework of the Kuwaiti Civil Code No. 67 of 1980. The article concludes that matriarchal guardianship would likely be undermined; however, legislative changes are the first step and advances in palliative care across the Middle East are introducing a changing culture towards open parental discussions and shared decision-making, slowly making the mother's decisive voice a part of the norm.