Il minore nell’ambito sanitario in Spagna

Di Maria Camino Sanciñena -

The Spanish Law recognizes that children and particularly adolescents over sixteen have the capacity to act in the healthcare sector as an adult, with some exceptions regarding those medical actions of serious risk to the life or health of the child in the opinion of the doctor, with special reference to refuse a medical treatment, or to provide a valid and free consent for the practice of assisted human reproduction, preparation of the document of preventive health directives, or the sex change with or without surgical reassignment. In 2015, the modification of the protection system of minors and adolescents has introduced beside the objective standard of the age, the subjective one of maturity. This mixed parameter is assumed in the legal text and shows some gaps in the case of the mature minor who has not reached the age of sixteen, or the age of majority when legally required.