A relational responsibilities framework for children’s healthcare law

In Parental Responsibility, Young Children and Healthcare Law (2007), in response to a critique of the approach adopted by the courts, I proposed a conceptual framework of relational responsibilities to underpin the law concerning children’s medical treatment. In this chapter I revisit the conceptual framework of relational responsibilities, developing it further in light of my analysis of the case law over the past decade and focused less upon the ethical underpinning of medical law to give greater emphasis to social and institutional responsibilities. Inspired by the practice of academic re-writing of judgments and in response to those who would argue that the ethic of care has no relevance to law, I test the framework by applying it to a hypothetical case.