Throughout the world the majority of people identified...

Throughout the world the majority of people identified with disabilities have been overlooked, hidden and ridiculed in the community (AHRC, 2013). Australian history demonstrates that in ‘dealing’ with this issue many individuals with disabilities have been placed in institutions and/or prisons and by sterilising many young girls (AHRC, 2013). The recent concern presented by Federal disability commissioner Graeme Inns, of the rise in sterilisation in young girls with disabilities begs the question of if the rights of these young girls are being adhered to (ABC, 2012). This case study will examine the legal and ethical issues whilst also discussing the rights of an individual with a disability. By analysing the Australian Common and Family†¦show more content†¦The legal perspective of all parents of children who are dependent on them is outlined in Part VII of the Family Law Act (ComLaw, 2013). Sections 63E and F of the Act determine the definition of custody and guardianship and specify that unless there is a command that opposes this, both parents are a custodian and have combined guardianship of their children (ComLaw, 2013). With custodial authority being limited to the rights to make decisions concerning daily care and control of their children, it is the concept of guardianship, along with long-term and common law rights, responsibilities and duties, that is of relevance to the issue of consent to medical procedures including sterilisation (Harrison, 2009). In deciding what is in the best interest of a child, the Family Law Act requires a court to take into account two tiers of considerations – primary considerations and additional considerations (Forrester Griffiths, 2009). These considerations include the benefit to children of meaningful relationships with both parents and the need to protect children from physical or psychological harm (Forrester Griffiths, 2009). The considerations that are most important in relation to the scenario, are the child’s views and factors that might affect those views, such as the child’s maturity and level of understanding and the likely effect on the child of changed circumstances (Harrison, 2009). Another serious legal concern surrounding thisShow MoreRelatedConcussions Are Becoming Less Of An Issue Essay1598 Words   |  7 Pagesready to get back onto the field. Coaches, doctors, and parents are getting worried about the safety of their kids and are skeptical about letting them continue in sports. Traumatic brain injury (TBI) is the leading cause of death and disability in children around the world and accounts for approximately half of all trauma deaths (Di et al. 2). Only about ninety-percent of traumatic brain injuries are considered mild injuries, but the effects from them are still severe. 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