The law, as a science, has the obligation to reach the maximum understanding of human nature in order to be able, consequently, to better meet its needs.
Therefore, the science of biology plays a relevant role in the study of law.
The British Statesman and Biologist Ronald Fisher, in the year 1930, in his book entitled “The Genetical Theory of Natural Selection”, used mathematical models in combination with natural selection, to create a new synthesis of Darwinism known as “evolutionary biology”. ”.
In this book, the concept of “parental investment” is coined for the first time, referring to the fact that parental spending on both sexes of the offspring must be equal. That is to say, that any effort (investment of time, energy, etc.) of the parents must benefit the children, which must derive in other components for their well-being, such as: their health, future reproductions, among others. others.
In the exercise of “patria potestas”, parents have the obligation, duty and right to care for and protect their children, as well as to decide for them fundamental issues such as their education, health care, among others, as long as these are minors, have not been emancipated and do not have any type of disability that is restrictive in taking up these issues.
However, the Second Chamber of the Supreme Court of Justice of the Nation, in the heading thesis: “PARENTAL AUTONOMY. GUIDELINES FOR YOUR INTERVENTION BY THE STATE IN A MEDICAL CONTEXT”, (digital registration: 2019214), published on Friday, February 08, 2019, in the Judicial Weekly of the Federation and its Gazette, provides that, in the event that , based on their religious beliefs, the parents oppose the application of the ideal treatment to their child to save his life, the state may intervene, imposing itself on the parents, giving authorization for said treatment to be applied, in safeguard and protection of the superior rights of the minor.
State intervention in a medical context is regulated by guidelines aimed at preserving the best interests of the minor without violating the rights of the parents.
In such a way that these guidelines are relevant from the moment the minor is presented to receive medical services, until the state intervenes in order to protect their rights.
This important criterion imposes on the health personnel the obligation to inform the parents about the medical treatments that the minor will receive, since they are the ones who, in principle, will make a decision, and must have sufficient information to allow them to effectively weigh the advantages and the inconveniences of the different procedures in order to choose the one that best suits the interests of your child.
However, if the doctors notice a risk to the life of the minor due to the erroneous choice of treatment by the parents, chosen based on their religious beliefs and not on objective questions, they have the obligation to do so to the knowledge of the authorities. of protection of minors, because the parents try to prevent the most suitable treatment to save their life from being applied to the infant.
Even, the thesis of the Second Chamber of the SCJN allows that, in the case of an urgent situation, the doctor can intervene without the consent of the parents applying the optimal treatment in order to preserve the life of the minor.
The state can intervene in parental autonomy and decide whether to assume the provisional protection of the minor.
This provisional measure is generated from the complaint of the medical personnel before the child protection authorities, when they consider that they are necessary to guarantee this.
Once the complaint is received, the state authorities must immediately investigate the veracity of the facts and determine if there are elements or reasons to initiate the administrative protection procedure.
If the authority becomes aware of the existence of the reported elements, it must take the representation of the minors in substitution of their parents, based on the best interests of the children and adolescents, with the aim of safeguarding their health and life, which should be effective immediately.
As always a pleasure to greet you, hoping that these few letters have been to your liking and, above all, useful. Until next time!
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