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A disheartening situation unfolded at a well-known hospital in Cape Town whereby a 14 year old male patient who had been diagnosed with leukemia 3 years ago, and he was admitted into the intensive care unit (ICU) after being newly diagnosed with renal failure. Leukemia is a form of cancer of the blood cells which is due to the excessive amount of white blood cells in your body, and the function of white blood cells is to fight infection (Unknown, 2017). This 14 year old boy had been receiving ongoing blood donations from his younger sister who is 8 years old. This immediately triggered the story line of the movie “My sister’s keeper” by Jodie Picoult whereby a young girl named Anna had not consented to donating blood and bone marrow to her older and critically ill sister, Kate. A sudden knot built up in my stomach, trying to understand the desperation of this ill 14 year old boy and his parents that have been living their lives in the fear of losing their son to the battle of the leukemia, and now also being in desperate need of a kidney transplant…

The novel “My Sister’s Keeper” is written by Jodi Picoult, an American author who tells us about the relationship and the child’s rights in the family, and the main issue being a child’s rights. Children rights are human rights (Garbarino, 2008) which should deserve equal respect by others and they should be free from the embodiment integrity from state repression.

The definition of a child according to The Bill of Rights and the Children’s Act define a ‘child’ as ‘a person under the age of 18 years’. This means that all people under the age of 18 years are entitled to the protection guaranteed by section 28 of the Bill of Rights and the provisions of the Children’s Act. 18 Constitution of the Republic of South Africa Act 108 of 1996. Section 28(3). Children’s Act 38 of 2005. Section 1. According to a leaflet titled “South African Human Rights Commission: Transforming Society Securing Rights Restoring Dignity”, the two most important rights relating to this scenario is as follows: The right to quality medical care and the responsibility to take care of themselves and protect themselves from irresponsible exposure to diseases such as HIV/AIDS; and also the right to the protection from exploitation and neglect and the responsibility to report abuse and exploitation (Unknown, South African Human Rights Commission: Transforming Society Securing Rights, Restoring Dignity”, Unknown).

The theme of the story (My Sister’s Keeper by Jodie Picoult) is that a child has the right to medical emancipation as this is reflected by the lead character in the novel Anna Fitzgerald, a thirteen year old. She is the youngest child in her family who was born to help with her sister’s medical needs in the form of being a medical donor. Kate Fitzgerald, who has leukemia since she was child, wants to refuse her sister being her personal medical donor, but her mother does not allow her to. There is also a scene where her mother asks her youngest daughter to donate one of her kidneys to her sister Kate, which is when she makes the decision to prosecute her mother to get her right in medical emancipation.

Emancipation as per the medical dictionary defines this as the delimitation of a specific area in an organ-forming field, which then gives definite shape and limits to the organ. The writer, Jodie Picoult then provides viewers and/or readers of the novel with the solution which is then reflected. It’s explained that having a right in medical emancipation is very important and this is reflected in the characters of Anna Fitzgerald. The judge then grants her right, but she only has her right for a few hours, because en route to the hospital she was involved in a car accident where she then passed away.

The participation and the evolving capacities of a child-adult relationship should be respected and one should consider the expressions and opinions of children as this does not equate to granting them every wish or request. Rather, parents as well as other adults are encouraged to consider the relevance of this situation, maturity level and if the matter under consideration is in the best interest of the child.

In conclusion , I wish to express my personal opinion on this matter.

Trying to perceive matters from the sickly 14 year old who needs any possible opportunity of survival and chance at living a youthful life, suggests that all he would need is the relevant medical attention. Taking this boy’s parents into consideration and trying to understand their viewpoint on the situation brings me to the understanding that they are coming from a place of desperation as they are willing to take any necessary step/s for the survival of their beloved 14 year old son. However, I also feel that they are neglecting the rights and well being of their 8 year old daughter who unfortunately hasn’t been made aware of her rights. On numerous occasions, I found myself tempted to get involved in their situation and seek legal advice for the 8 year old, as it seemed as though nobody was around to fight for er rights. However, I also had to remind myself that it’s best that I rather do not get involved as I am only a fourth year physiotherapy student and I would never be certain whether I’ve found out all relevant information to be able to make certain judgements, and because my clinician would remind me not to get too involved. I was disappointed in my decision against getting involved, but this was the easier option for me given my patient load and my other responsibilities within the physiotherapy department for the duration of my clinical rotation which was five weeks. I also had high hopes that the medical team who is involved with that patient and his family would be able to provide appropriate education and advice to all members of the family involved.

The boy was then transferred to another hospital within the Cape Metropolitan District and I was unable to figure out what steps were to follow in the situation. It did however make me think about what I would do if I were to find myself in a similar situation again, and to this moment I am of the opinion that that is a very sensitive topic for parents as it concerns the health of their children as well as their lives. However it should be the duty of medical staff to educate and re-educate patients on their rights and the rights of their children before they wish to make legal and medical decisions on their children’s behalf.

List of References

Garbarino, J. &. (2008). A Child’s Rights to a Healthy Environment. London: Springer New York Dordrecht Heidelberg.

Unknown. (2017, September 26). Leukemia. Retrieved September 16, 2019, from WebMD Medical Reference: https://www.webmd.com/cancer/lymphoma/understanding-leukemia-basics

Unknown. (Unknown, Unknown Unknown ). South African Human Rights Commision: Transforming Society Securing Rights, Restoring Dignity”. Braamfontein , Gauteng, South Africa.