Abstract

LAFFERRIERE, Jorge Nicolás. Only your body?. Rev. Derecho [online]. 2017, n.16, pp.67-100. ISSN 1510-3714.  https://doi.org/10.22235/rd.v0i16.1353.

Abstract: The Argentine Civil and Commercial Code in its article 26 introduces a gradual system of capacity for minors in relation to medical treatments. Based on the Convention on the Rights of the Child and the Laws on Sexual Health and Patient Rights, we will study the article, its foundations and the distinction between the types of medical treatments and the ages of the child. We will also discuss the other provisions on parental responsibility and special laws on health issues that remain in force. We will try to show that the anticipated majority in medical matters originated in the context of the debates on the access of adolescents to contraceptives and that the extension made by the new Civil Code to all "medical treatments" is problematic, disorderly, insufficient and contradictory with other recent standards.

Keywords : capacity; medical treatments; mature-minor doctrine; minors.

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