Diazepam Discord: A Competent Minor\u27s Constitutional Right to Seek and Refuse Psychotropic Medication

Abstract

Our legal system values independence, individualism, and personal choice, but we have been slow to cultivate these values in the arena of children\u27s rights. Too much of the focus has been on efficiency: arbitrary cut-off ages provide a simple means for ascertaining a person\u27s competence to exer- cise rights, but they are not always an accurate means to such an end. Spe- cifically, the law regarding mental health has struggled to reconcile parents\u27 rights in custody and management of their children, the State\u27s interest in raising members that will contribute to society, and competent children\u27s rights of privacy and self-determination. In the context of access to alcohol and cigarettes, cut-off ages are sensible, but in the mental health context, these cut-offs are prone to invade basic constitutional rights

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