Mother's Right to Refuse Medical Treatment for Capable Minor Child

The court case involved a dispute where a guardianship authority ordered a mother to disclose information regarding her critically ill, but judged to be capable, minor child's ongoing medical treatment and to consent to further diagnostic imaging, based on the child's refusal of further chemotherapy for a brain tumor. The appellate court ruled in favor of the mother, reasoning that a minor who is deemed capable of making reasoned judgments (judgement capacity under Art. 16 of the Civil Code) regarding their own health has the right to autonomously decide on medical measures, including accepting or refusing therapies and diagnostic procedures, as this falls under their fundamental personal rights; consequently, when the child is capable, there is no legal basis for protective measures (Art. 307 et seq. ZGB) or for the guardian to exercise authority against the child's informed will in such highly personal matters.