Judging in a Brave New World?: Adjudicating Cases of Parental Refusal on Religious Grounds to Consent to Medical Treatment

Abstract

This article considers case law concerning parental refusal to consent to medical treatment of a child based on religious belief or conscience. The focus of enquiry is on three pivotal decisions of the Irish Superior Courts which will serve to chart the development of judicial reasoning in this contentious area of law. In the last few decades, Ireland has experienced significant changes in its population and attitudes toward religion as a result of increased immigration, multiculturalism, and secularism. This case law analysis reveals that there has been a shift from a test that examines the motivations or reasons for parental decision making to one that focuses on the effect on the child. This shift in focus raises concern about the extent to which the religious or conscientious objection of a parent concerning a child’s medical treatment will be considered in future cases. The present analysis provides an illuminating example of the way in which religion and the state can be in tension with each other.