Tag: children
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Teenagers refusing life-saving cancer treatment for religious reasons
Should courts allow minors (<18 years) to refuse life-saving medical treatment for religious reasons? My students don’t all agree that respect for the personal autonomy of a minor who fully understands the consequences of their decision, is all that matters. But many of them do.
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Vaping law reform: New South Wales in a federal context
There is a lot of vaping-related law reform activity going on in Australia at the moment. This (long) post reviews NSW vaping laws and provides a baseline for understanding the changes that are underway, both at NSW (State) and Commonwealth level. Background The failure to enforce nicotine control laws, together with ludicrously low penalties, have…
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The courts’ role in treatment for childhood gender dysphoria: recent updates
In 2020 and 2021, there were significant developments in the courts’ role in treatment for childhood gender dysphoria. The UK case of Bell v Tavistock is well known, but Re Imogen is of more practical importance here in Australia. Both cases illustrate the changing role of the courts in treatment for childhood gender dysphoria, following…
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Breastfeeding rooms in US federal buildings: who would have thought?!
Last year the US watered down a resolution of the World Health Assembly that would have called on States to “protect, promote and support breast-feeding”, and to provide technical support to “halt inappropriate promotion of foods for infants and young children”. A step too far, apparently, given the economic interests of US-domiciled formula companies. See…
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Medical treatment in the best interests of the child: onshore, and offshore
There are troubling disparities between the medical treatment that children receive, depending on whether they live onshore – in Australia, or offshore – in immigration detention in places like Nauru. But do these disparities have a legal basis? Medical treatment and the best interests of the child: onshore Exercising their parens patriae jurisdiction, Australian Supreme…
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The people’s award for undermining taxpayer-funded health promotion messages goes to…
(drum roll) The people’s award for undermining taxpayer-funded health promotion messages goes to… Mars Wrigley Confectionary, makes of Maltesers, a confectionary multinational who have just launched this Maltesers-inspired chocolate bar into Australia. You’ll want to sit down for this, it urges in billboard advertising. Clearly something momentous. A new chocolate bar. With Maltesers. Call…
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Verifying IVF births involving donated sperm, eggs or embryos: changes to the law in New South Wales
A previous post discussed the case of Natalie Parker, an Australian mother of two young boys who, following the conclusion of IVF treatment, donated three spare embryos to a woman she met on the Embryo Donation Network, a place where donors and recipients can advertise and make contact. Parker was prepared to donate the embryos,…
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Regulation of alcohol advertising is failing Australia’s young people: new research on the ABAC Code
Exposure to alcohol advertising influences the likelihood that young people will begin drinking, that those already drinking will increase their intake, or engage in risky drinking. Accordingly, the World Health Organization calls for regulation that reduces the impact of alcohol marketing on young people, including by addressing the content and volume of marketing, as well as…
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Manslaughter by gross negligence, or systemic failure? Implications of the Dr Hadiza Bawa-Barba case for Australia
Sydney Law School and the Menzies Centre for Health Policy at the University of Sydney are co-hosting an evening seminar entitled “Manslaughter by gross negligence, or systemic failure? Implications of the Dr Hadiza Bawa-Garba case for Australia”. This event will be held at the Law School on Thurs 8 November, 6.00-7.30pm. You can register here.…
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Upcoming events: Protecting children from unhealthy food marketing – learning from the past, ideas for the future
Along with Cancer Council NSW and the Charles Perkins Centre’s Food Governance Node, Sydney Health Law is hosting an event on regulation of unhealthy food marketing to children. Protecting children from unhealthy food marketing remains a hot topic, given increasing concern about children’s diet-related health. In Australia, food marketing to children is regulated largely through…
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First, protect the child, then worry about the penitent sinner: South Australia’s new mandatory reporting legislation
South Australia is on a collision course with the Catholic Church hierarchy following passage of the Children and Young People (Safety) Act 2017. Chapter 5, Part 1 (ss 30-31), deals with reporting of suspicion that a child or young person may be at risk. These sections come into effect on 22 October 2018, and impose…
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Trump: the war on breastfeeding
The New York Times reports that US officials threatened to unleash trade sanctions and withdraw military aid from Ecuador unless it withdrew a resolution at May’s World Health Assembly calling on governments to “protect, promote and support breast-feeding”. The article is worth reading in its entirety. As the father of a currently breastfeeding infant, I…
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Santa, Coke and Christmas: Why we need legislative restrictions on unhealthy food marketing to children
Laws in many countries prohibit false and misleading advertising. The recent case of ACCC v Heinz (which I discussed in a blog post last week) shows how these laws can knock out false and misleading food advertisements. But what about the perfectly legal promotions for unhealthy foods and beverages that fill our TV screens, social…
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ACCC v Heinz: A significant win for public health
In a significant victory for public health, Australia’s Federal Court has held that Heinz engaged in misleading and deceptive conduct in the marketing of a snack food targeted to toddlers (ACCC v Heinz [2018] FCA 360). The case should be seen as a win for public health not just because of the final outcome, but…
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IVF stuff-ups and tort liability for loss of genetic affinity
Most of us know Singapore for its excellent airport, excellent food and other diversions. But a recent decision of Singapore’s Court of Appeal, ACB v Thomson Medical, deserves attention. The case is noted here. In this case, a mistake was made in the process of an in vitro-fertilisation procedure involving a Singaporean Chinese woman and…
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Liability for failure to effectively manage morbidly obese patients: it’s time to look again at Varipatis v Almario – here’s why
What should a GP do with a morbidly obese patient who is in denial about their weight problem? Although it involved a complex set of facts, it’s time to revisit Almario v Varipatis (No 2) [2012] NSWSC 1578, reversed on appeal (Varipatis v Almario [2013] NSWCA 76). Doctors should take no comfort in the fact…
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Queensland’s Healthy Futures Commission
Health promotion in Queensland could receive a turbo-boost if the Healthy Futures Commission Queensland Bill 2017 is passed. This Bill illustrates a sometimes neglected aspect of public health law: use of law to build new institutions, to encourage partnerships, and to create a clear legislative mandate to address health challenges. The Healthy Futures Commission was an…
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Promoting health goals in a self-regulating industry
Earlier this year I published an article on self-regulation of food marketing to children in Australia. I focused on two voluntary codes developed by the Australian food industry to respond to concerns about children’s exposure to junk food advertising, and how it might affect their eating habits. My article pointed out the many loopholes in…
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Self-regulation of junk food advertising to kids doesn’t work. Here’s why.
Recently, Cancer Council NSW published a study finding that food industry self-regulation in Australia has not been effective in reducing children’s exposure to unhealthy food marketing. Australian children still see, on average, three advertisements for unhealthy foods and beverages during each hour of prime time television they watch. This figure remains unchanged despite the Australian…
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