Legal and Ethical Aspects of ‘Best Interests’ Decision-Making for Medical Treatment of Companion Animals in the UK

Medical decisions for young children are made by those with parental responsibility, with legal involvement only if the decision is potentially detrimental to the child’s welfare. While legally classified as property, some argue that animals are in a similar position to children; treatment decisions...

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Asıl Yazarlar: Carol Gray, Peter Fordyce
Materyal Türü: Makale
Dil:English
Baskı/Yayın Bilgisi: MDPI AG 2020-06-01
Seri Bilgileri:Animals
Konular:
Online Erişim:https://www.mdpi.com/2076-2615/10/6/1009
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author Carol Gray
Peter Fordyce
author_facet Carol Gray
Peter Fordyce
author_sort Carol Gray
collection DOAJ
description Medical decisions for young children are made by those with parental responsibility, with legal involvement only if the decision is potentially detrimental to the child’s welfare. While legally classified as property, some argue that animals are in a similar position to children; treatment decisions are made by their owners, posing a legal challenge only if the proposed treatment has the potential to cause harm or unnecessary suffering, as defined by animal protection legislation. This paper formulates the approach to a ‘best interests’ calculation, utilising the factors included in the United Nations Convention on the Rights of the Child and relying on exchange of information between the human parties involved. Although this form of decision-making must primarily protect the animal from unnecessary suffering, it recognises that the information provided by the owner is critical in articulating the animal’s non-medical interests, and hence in formulating what is in the animal’s best overall welfare interests. While statute law does not mandate consideration of ‘best interests’ for animals, this approach might reasonably be expected as a professional imperative for veterinary surgeons. Importantly, this version of a ‘best interests’ calculation can be incorporated into existing ethical frameworks for medical decision-making and the humane treatment of animals.
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spelling doaj.art-3b2f5c7a7ae641eeac911dbf005e8f3c2023-11-20T03:17:26ZengMDPI AGAnimals2076-26152020-06-01106100910.3390/ani10061009Legal and Ethical Aspects of ‘Best Interests’ Decision-Making for Medical Treatment of Companion Animals in the UKCarol Gray0Peter Fordyce1School of Law and Social Justice, University of Liverpool, Liverpool L69 7ZR, UKDepartment of Veterinary Medicine, University of Cambridge, Cambridge CB3 0ES, UKMedical decisions for young children are made by those with parental responsibility, with legal involvement only if the decision is potentially detrimental to the child’s welfare. While legally classified as property, some argue that animals are in a similar position to children; treatment decisions are made by their owners, posing a legal challenge only if the proposed treatment has the potential to cause harm or unnecessary suffering, as defined by animal protection legislation. This paper formulates the approach to a ‘best interests’ calculation, utilising the factors included in the United Nations Convention on the Rights of the Child and relying on exchange of information between the human parties involved. Although this form of decision-making must primarily protect the animal from unnecessary suffering, it recognises that the information provided by the owner is critical in articulating the animal’s non-medical interests, and hence in formulating what is in the animal’s best overall welfare interests. While statute law does not mandate consideration of ‘best interests’ for animals, this approach might reasonably be expected as a professional imperative for veterinary surgeons. Importantly, this version of a ‘best interests’ calculation can be incorporated into existing ethical frameworks for medical decision-making and the humane treatment of animals.https://www.mdpi.com/2076-2615/10/6/1009best interestsveterinary treatmentcompanion animals
spellingShingle Carol Gray
Peter Fordyce
Legal and Ethical Aspects of ‘Best Interests’ Decision-Making for Medical Treatment of Companion Animals in the UK
Animals
best interests
veterinary treatment
companion animals
title Legal and Ethical Aspects of ‘Best Interests’ Decision-Making for Medical Treatment of Companion Animals in the UK
title_full Legal and Ethical Aspects of ‘Best Interests’ Decision-Making for Medical Treatment of Companion Animals in the UK
title_fullStr Legal and Ethical Aspects of ‘Best Interests’ Decision-Making for Medical Treatment of Companion Animals in the UK
title_full_unstemmed Legal and Ethical Aspects of ‘Best Interests’ Decision-Making for Medical Treatment of Companion Animals in the UK
title_short Legal and Ethical Aspects of ‘Best Interests’ Decision-Making for Medical Treatment of Companion Animals in the UK
title_sort legal and ethical aspects of best interests decision making for medical treatment of companion animals in the uk
topic best interests
veterinary treatment
companion animals
url https://www.mdpi.com/2076-2615/10/6/1009
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