title: A right to choose how to live: the Australian common law position on refusals of care.
abstract: There has been limited examination of the Australian common law position regarding contemporaneous refusals of care or medical treatment by competent adults since the first two Australian cases to adjudicate on refusals of this type: H Ltd v J and Brightwater Care Group (Inc) v Rossiter. This article maps the legal position in Australia in light of the two cases with particular emphasis on the finding in H Ltd v J that self-starvation is not suicide at common law. Finally, this article highlights the broader relevance of this area of the law and its capacity to inform debates as disparate as whether to legalise voluntary euthanasia and the possible implications for the autonomy of pregnant women of proposed laws giving legal status to fetuses (particularly Zoe's Law).
authors.forename: Katherine
authors.initials: K
authors.lastname: Curnow
mesh_terms: D001315:Australia; D005260:Female; D005328:Fetal Viability; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D026684:Personal Autonomy; D028723:Personhood; D011247:Pregnancy; D016312:Treatment Refusal / Q000331:legislation & jurisprudence*