ABSTRACT

This conclusion presents some closing thoughts on the concepts covered in the preceding chapters of this book. The book examines the adequacy of the legal protection that is afforded to the manifestation of religious belief in difficult and contentious medical law cases. It argues that English medical law should be grounded on a rights and principled-based mechanism. The book explains the difference between the approach in Gewirthia and England. It also argues that in situations where the child lacks legal capacity, that Female Genital Mutilation infringes their generic rights and causes basic harm. The book describes the pervading context in which law and religion operate. It also provides one solution to how competing rights should be balanced. The book investigates the issues relating to mental competence and legal capacity and found that change and modification in the law are required if legal procedures in respect to legal capacity are to be more closely aligned with the Principle of Generic Consistency.