CYIL vol. 13 (2022)

TOMÁŠ HOLČAPEK CYIL 13 ȍ2022Ȏ In this article we have briefly outlined the pertinent international legal background and some of the ethical considerations and practical guidance. They show that while there is no need for a uniform approach, the issues in question transcend national borders. In part 3 above it has been suggested that no matter exactly what the applicable legal regulations prescribe, there are certain points which should be answered with sufficient clarity. Perfect justice is an ideal which can perhaps never be fully achieved. Nevertheless, in striving for justice, the aspects of legal certainty and security are important, and national law should try to offer them to everyone: minor patients, their parents and health professionals who provide care to the children. And if courts need to be resorted to, they too should have a rather clear guidance how to proceed and which criteria to employ. In a democratic society based on rule of law, nothing less suffices.

318