'Child Competence' to Participate in and Consent to Health Treatment: A Foucauldian Discourse Analysis Investigating the Meaning of Competence
type: CreativeWork
description: Competence is a vital facet of the informed consent process. In New Zealand, despite some ambiguity in health legislation, children (less than 16 years of age) may give legally binding informed consent so long as they are competent to do so. The judgement of a child's level of competence is the responsibility of the attending health professional. Research studies have shown clear benefits to acknowledging children's competence to be included in and contribute to health discussions and decisions (Doyle, Lennox, & Bell, 2013; Gerison, 1994b). Unfortunately, New Zealand health legislation and policy do not give clear guidance on when or how to assess child competence and what makes a child a competent child. The purpose of this thesis was to analyse the meaning of competence and its effect on children's participation in, and consent to, health treatment. The aim of this research was to highlight the discourses that construct the idea of 'child competence'. Foucauldian discourse analysis was used to explore the meanings attributed to 'competent' and 'child competence' by New Zealand health professionals, government and society. In addition it aimed to highlight the possible effects this discourse has on children's participation in important health matters that affect them. Subsequently, it may assist in the development of theory, practice, and health policy related to competent children and their rights to participate in and give informed consent. Relevant New Zealand legislation, health policy and literature written from a historical standpoint have been analysed utilising Foucauldian theories of archaeology and genealogy; including the notions of power, knowledge, and the subject. The main findings of this study acknowledged the dominant subject positions held by health professionals and the legal system who imposed the legal version of the child competence discourse as authoritative. Factors contributing to the emergence of this discourse as authoritative in history …
abstract: Competence is a vital facet of the informed consent process. In New Zealand, despite some ambiguity in health legislation, children (less than 16 years of age) may give legally binding informed consent so long as they are competent to do so. The judgement of a child's level of competence is the responsibility of the attending health professional. Research studies have shown clear benefits to acknowledging children's competence to be included in and contribute to health discussions and decisions (Doyle, Lennox, & Bell, 2013; Gerison, 1994b). Unfortunately, New Zealand health legislation and policy do not give clear guidance on when or how to assess child competence and what makes a child a competent child. The purpose of this thesis was to analyse the meaning of competence and its effect on children's participation in, and consent to, health treatment. The aim of this research was to highlight the discourses that construct the idea of 'child competence'. Foucauldian discourse analysis was used to explore the meanings attributed to 'competent' and 'child competence' by New Zealand health professionals, government and society. In addition it aimed to highlight the possible effects this discourse has on children's participation in important health matters that affect them. Subsequently, it may assist in the development of theory, practice, and health policy related to competent children and their rights to participate in and give informed consent. Relevant New Zealand legislation, health policy and literature written from a historical standpoint have been analysed utilising Foucauldian theories of archaeology and genealogy; including the notions of power, knowledge, and the subject. The main findings of this study acknowledged the dominant subject positions held by health professionals and the legal system who imposed the legal version of the child competence discourse as authoritative. Factors contributing to the emergence of this discourse as authoritative in history …
author: van Rooyen, Amanda
keywords: Children, Rights, Participation, Consent, Health, Medical
date published: 2016
date modified: 2026-07-27T18:45:47Z
provider: AUT University
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: AUT University