Legal and Ethical Issues in Minor Contraception: A Case Study

This essay delves into the legal and ethical complexities surrounding a 14-year-old girl's request for contraception, considering her age, health issues (diabetes, body image), and relevant Australian laws. It examines issues such as consent, guardianship, and confidentiality, highlighting the duty...Read More

Running Head: Assessment Task 3: Essay: Legal And Ethical Issues
ASSESSMENT TASK 3: ESSAY
LEGAL AND ETHICAL ISSUES

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Assessment Task 3: Essay: Legal And Ethical Issues
Table of Contents
Introduction...........................................................................................................................................3
Legal and ethical issues.........................................................................................................................3
Principle of ethics..................................................................................................................................5
Conclusion.............................................................................................................................................6
References.............................................................................................................................................7

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Assessment Task 3: Essay: Legal And Ethical Issues
Introduction
Nurses need to comply with different laws to eliminate any legal or ethical issue regarding duty of
care. Taylah has requested contraception; however, she is only 14 years of age. She has some issues
like diabetes, body image. There are some legal rules that minors need to follow before taking any
contraceptive measure. Contraception for minors is not illegal in Australia, however different rules
and regulation needs to be maintained during this process. Therefore, a question arises regarding
eligibility of Taylah in taking contraception. This essay describes different ethical and legal
considerations regarding this scenario and ethical principles are also described. Beauchamp and
children's four main principles are also applied in this scenario.
Legal and ethical issues
Consent can be considered as a legal and ethical issue in case of minor contraception treatment.
Taylah is under 16 years old and legally not eligible for having sexual intercourse. However, it has
happened and now healthcare professionals such as nurses and doctors need to handle this case of
contraception legally. The common law postulates that a person under 18 years has the legal right to
discuss medical treatment of his own. Legally it is correct to provide contraception treatment to
Taylah to consider her right of autonomy. According to Australian legal system, doctors may maintain
confidentiality in this kind of cases if there is no life risk for patient (Legalaid.vic.gov.au, 2018). If
there is a life risk, then doctors can seek consent of patient’s parents. In the case study of Gillick v
West Norfolk and Wisbech Area Health Authority [1986], it has been decided by the Court that
prescribing contraceptives to minor by doctors cannot be considered as legal offense under the
Criminal code. In that case, the doctor has been charged to encourage minor to have sexual
intercourse by providing contraception. However, the judge has mentioned that it is not an offense as
minor under 16 is considered as eligible to make own decision regarding medical treatment. It is not
unlawful conduct if healthcare professionals such as doctors and nurses provide contraceptives to
minor after assessing level of risk. However, nurses are liable to make Taylah understand all aspects
related to contraception before prescribing. According to Cherry & Jacob (2016), nurses are liable to
value informed process of decision making. The concerned nurse, in this case, needs to communicate
with Taylah to gather her personal information in case of future consequences. Hence, the concerned
nurse must maintain confidentiality of the personal information of Taylah and provide contraception
to her by respecting her autonomy.
Mental and physical condition related issues are under legal and ethical issues of healthcare. Taylah
is diabetic and she is leading an unhealthy life that may harm her health. It is the duty of nurses to
evaluate her physical condition and the ongoing medication for diabetes management. This evaluation

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Assessment Task 3: Essay: Legal And Ethical Issues
process may ensure much reliable decision making regarding contraception. As commented by Paudel
& Shrestha (2016), it must be ensured that Taylah has understood all information regarding
contraception prior to medication. It has been mentioned in the case that Taylah is suffering from
diabetes and this point must be considered as vital by nurses while providing contraception to her.
Overview of potential consequences must be informed to Taylah that she may encounter in future. As
stated by Aliyu et al. (2015), it must be assured that the process of contraception must not interfere
with management of Diabetes. Hence, it can be stated that provision of contraception after evaluating
medical background of the patient can be considered as legally correct decision. In addition, the
concerned nurse for this case is responsible to advise Taylah to change her lifestyle for ensuring
wellbeing. She must be advised to change her risky lifestyle to deal with diabetes as well.
Along with consent another legal and ethical issue arises in this case scenario, which is guardianship.
In the case scenario, it is mentioned that Taylah is a minor and her age is only 14. However, she has
visited the clinic to receive contraception to keep the matter confidential. A nurse can take approval
prior to the application of contraception from patients, legal guardian or from other agencies. As
mentioned by Wang (2017), minors can be provided with contraception through guardianship of
tribunal. In this case, the sexual health nurse can take approval from guardianship tribunal. This
tribunal gives consent regarding special medical treatment. This can assure Taylah regarding the
decision that she is making at her young age. Moreover, the sexual health nurse can be able to
eliminate any risk regarding duty of care. As stated by Brännmark (2019), duty of care is a legal duty
regarding provision of care and not to cause damage or harm to another person. Lack of care can
cause injury or harm to another person that may arise legal complications. In this case, Taylah is a
minor patient and she also suffering from diabetes. Hence, before application of any contraceptive
medications consent from guardian is essential. In absence of legal guardian of this patient,
appointment of guardianship tribunal is appropriate.
Apart from consent and guardianship, confidentiality is another essential legal and ethical issue that
must be focused. As stated by Richards & McCartan (2018), it is a primary element in a healthcare
setting to maintain privacy of the treatment. Confidentiality can be stated as a form of disclosure that
needs to be maintained by the concerned nurse in the case of Taylah. According to health services act,
1988, different health professionals who are practicing in a healthcare setting need to maintain silence
about various personal information of patient. In this case, it is both legal and ethical responsibility of
the sexual health nurse to preserve confidentiality of Taylah. It can be seen that Taylah has shared
different personal information like her physical and mental health condition. She is suffering from
issues like body image and self-esteem. In addition, she has also shared information about her
lifestyles like drinking habits and sexual life. This information is personal and the nurse must keep
them confidential. As mentioned by Hope, Hattingh & King (2016), ethical standard in a healthcare

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Assessment Task 3: Essay: Legal And Ethical Issues
organization can be maintained by preserving privacy of patients that can be done by appropriate
management of patients' information. Taylah needs to be given proper reason regarding collection of
that vital personal information.
The sexual health nurse needs to provide information about distinctive legislation laws regarding
underage sexual practice to Taylah. This is another ethical issue that can help Taylah to get aware
about various rules and regulations of the country. Proving vita information to Taylah can protect her
from performing underage sexual practices. If the sexual health nurse communicates with Taylah
regarding legislative laws that practice of principles of ethics can be done particularly principle of
beneficence. As stated by Blažun, Kokol & Vošner (2015), principle of beneficence is an idea, which
states that different activities of a nurse need to promote well. According to Victoria legal aid, 2014
there are age limits regarding performance of sexual activities (Legalaid.vic.gov.au, 2018). Hence, if
legal guidelines are breached then this can be considered as an offense. Individuals of age between 12
and 15 are not permitted to have sex if they are more than 2 years older. However, in the given case
scenario it is informed that she looks older than her actual age that gives rise to expectations from
older boys. According to section 45 (4) of Crimes Act 1958, consent cannot be considered as a tool of
defense regarding a charge if the child was aged 12 or older (Aifs.gov.au, 2017). Hence, legal defense
regarding sexual activity with another person of underage is unavailable in Australian legal system.
Taylah needs to be provided with this type of information that can help to become conscious in future
and it is considered as a legal and ethical issue in this case.
Principle of ethics
Principles of ethics must be considered in case of dealing with legal and ethical issues. Childress and
Beauchamp have written a book named “Principle of Biomedical Ethics” and this book is
considered to handle ethical and legal issues in healthcare industry. Four main ethical principles such
as Beneficence, autonomy, Justice, and Non-maleficence have been mentioned by Childress and
Beauchamp in their book. As mentioned by Beauchamp & Childress (2001), all of these four
principles of ethics shed light on four different perspectives of ethics. Consideration of these
principles may help healthcare professionals such as nurses and doctors to make right decision to
solve ethical and legal issues. In other words, it can be stated that these four ethical principles
influence the decision-making process of nurses. According to Cherry & Jacob (2016), the principle
autonomy is concerned about the legal right of individual to make their decision of their own.
According to the common law of Australia, people under 16 years of age are considered as eligible to
make their decision regarding medical treatment. As per the case study, Taylah is 14 years old and she
is able to make her decision of her own. Concerned nurses must respect her right to autonomy and
must provide the best conception suitable for her health. She is potent enough to evaluate

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Assessment Task 3: Essay: Legal And Ethical Issues
consequences of contraception in early age and consent of her parents is not important in this case as
per legal system of Australia. The principle of beneficence is about performing action for the benefit
of others. It means concerned nurse need to promote well being by advising Taylah to avoid
unprotected sexual intercourse. As suggested by Aliyu et al. (2015), advice of healthcare
professionals is more reliable than other common people and it has the potential to influence decision
making of individuals regarding lifestyle. Taylah has come to the health clinic to have contraception
and nurses can communicate with her to make her understand risks of her unhealthy lifestyle. She
must be told to avoid excessive drinking as she is suffering from diabetes. The principle of non-
maleficence suggests causing no harm to patients. According to the Hippocratic Oath, healthcare
professionals are bound not to harm anyone in any situation under medication. Taylah is Diabetic and
she is leading an unhealthy lifestyle. As opined by Paudel & Shrestha (2016), it is important to check
medical background of patient before prescribing further medication for any medical condition. In this
case, concerned nurse and doctors must evaluate medical condition and ongoing medications of
Taylah for ensuring no harm to her health due to contraception. Besides, she must be told about
potential consequences of contraception that may be encountered by her in later life. On another hand,
the principle of justice is concerned about maintaining equality and fairness by healthcare
professionals while providing treatment. It means that nurses and doctors must avoid all kinds of
biases when providing care to patient. According to Wang (2017), all patients must be treated equally
and fairly. In this case, justice refers to duty of care of concerned nurse towards Taylah. The
concerned nurse is liable to demonstrate equality and understand need of this minor girl. She is under
14 but is potent enough to make her decision of her own. She needs contraception and it is required to
provide to her by healthcare professionals of concerned clinic.
Conclusion
From the entire discussion of this essay is helpful to conclude that duty of care of nurses must be
performed by maintaining legal and ethical grounds. Legal and ethical issues of the case of Taylah
have been elaborated in this study. It has been mentioned that doctors and nurses must maintain
confidentiality of this case and contraception can be provided to Taylah without the consent of her
parents. However, doctors must check medical condition of this minor before prescribing
contraceptive. If any risk is identified, then it must be informed to the parents of this girl. This study
has discussed the four ethical principles developed by Childress and Beauchamp; these four ethical
practices guide healthcare professionals such as doctors and nurses in the decision-making process for
dealing with ethical and legal issues. Hence, these ethical principles must be considered while
providing contraception to Taylah.

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Assessment Task 3: Essay: Legal And Ethical Issues
References
Aifs.gov.au (2017), Age of consent laws, Retrieved on 25th May 2019, from:
https://aifs.gov.au/cfca/publications/age-consent-laws
Aliyu, D., Adeleke, I. T., Omoniyi, S. O., Samaila, B. A., Adamu, A., & Abubakar, A. Y. (2015).
Knowledge, attitude and practice of nursing ethics and law among nurses at Federal Medical
Centre, Bida. American Journal of Health Research, 3(1-1), 32-37. retrieved from:
https://www.researchgate.net/profile/Adeleke_Taiwo2/publication/270275004_Knowledge_at
titude_and_practice_of_nursing_ethics_and_law_among_nurses_at_Federal_Medical_Centre
_Bida/links/54a49bba0cf257a63607267a/Knowledge-attitude-and-practice-of-nursing-ethics-
and-law-among-nurses-at-Federal-Medical-Centre-Bida.pdf
Beauchamp, T. L., & Childress, J. F. (2001). Principles of biomedical ethics. Oxford University Press,
USA.retrieved from:
http://www.allisonkrilethornton.com/wp-content/uploads/Medical_Ethics_Readings/BandC-
Moral-Dilemmas.pdf
Blažun, H., Kokol, P., & Vošner, J. (2015). Survey on specific nursing competences: Students'
perceptions. Nurse education in practice, 15(5), 359-365. [Online]Retrieved on 25th may 2019
from: https://www.journalofdairyscience.org/article/S1471-5953(15)00029-3/fulltext
Brännmark, J. (2019). The independence of medical ethics. Medicine, Health Care and
Philosophy, 22(1), 5-15. [Online]Retrieved on 25th may 2019 from:
https://link.springer.com/article/10.1007/s11019-018-9842-1
Cherry, B., & Jacob, S. R. (2016). Contemporary nursing: Issues, trends, & management. Elsevier
Health Sciences. retrieved from: http://readpdfprint.info/contemporary-nursing-issues-trends-
and-management-renew-reserve-books-barbara-cherry-susan-r-jacob.pdf
Hope, D. L., Hattingh, H. L., & King, M. A. (2016). Australian pharmacy students’ knowledge,
attitudes, and behaviours regarding emergency contraception. Pharmacy Education, 16.
Retrieved from: http://pharmacyeducation.co.uk/pharmacyeducation/article/download/
437/354
https://www.legalaid.vic.gov.au/find-legal-answers/sex-and-law/age-of-consent
Legalaid.vic.gov.au (2018), Age of consent, Retrieved on 25th May 2019, from
Paudel, B., & Shrestha, G. K. (2016). Perception on Informed Consent Regarding Nursing Care
Practices in a Tertiary Care Center. Kathmandu University medical journal (KUMJ), 14(56),
328-331. retrieved from:
https://pdfs.semanticscholar.org/3cee/e5547a583ccd7df613ef910cb3d2ca95c528.pdf
Richards, K., & McCartan, K. (2018). Public views about reintegrating child sex offenders via Circles
of Support and Accountability (COSA): A qualitative analysis. Deviant Behavior, 39(3), 400-

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416. Retrieved from: https://re-shape.org.uk/docs/Public%20Views%20About
%20Reintegrating%20Child%20Sex%20Offenders%20via%20Circles%20of%20Support
%20and%20Accountability%20COSA%20A%20Qualitative%20Analysis.pdf
Wang, Y. (2017). A Chinese perspective on the concept of common morality by Beauchamp and
Childress. Eubios Journal of Asian and International Bioethics, 132. Retrieved from:
https://www.eubios.info/EJAIB72017/EJAIB72017g.pdf