Minori şi minorităţi : religie şi tratament medical

Abstract

The study looks at religiously motivated refusals of medical treatment by parents in the name of their underage children, starting from an individual case. The internal restrictions of a cultural-religious minority come into conflict with an external, superior restriction – to not violate a non-derogable fundamental right. The hypothesis that the cultural exception clause operates in a Romania was only partially confirmed. The legislation doesn’t create mechanisms for turning such medical and moral situations into cases before a court. Hence, there is no jurisprudence of refusal of medical treatment by parents in the name of underage children under their guardianship. Potential cases disappear before getting to the courts, either because the parents are persuaded to consent to medical treatment, or the child dies and those responsible are not prosecuted when there is a link between this death and the refusal. Public authorities have a difficult time identifying cultural customs and hence can respond only to a limited extent. Only an extensive quantitative study can provide a global image of the situation in Romania, an image needed as a basis for the elaboration and promotion of a draft law that addresses the issue of cultural customs with negative consequences on the integrity of children.