Children are an anomaly in liberal legal order. Principles of human rights and bio-ethics governing children are often considered a challenge as children do not enjoy the same autonomy as adults. Among other aspects concerning child growth and development, the first thousand days between conception and two years of age are considered a ‘critical window of opportunity’. Realising the full potential of this critical window is contingent upon a wide spectrum of factors including the access to a robust, responsive, inclusive and equitable healthcare system. Other factors may include traditional, cultural beliefs and indigenous knowledge.
Indigenous people’s right to health is often impeded by structural barriers including socio-economic and cultural identity, physical and social access, etc. Children of indigenous communities perhaps face a double jeopardy given that they are not fully grown adults themselves to exercise their right to health. They have to navigate through a complex system of health practices that are determined by the community they are part of. This study unpacks the concept of bio-ethics for indigenous children and their access to healthcare services. It explores the conflict between indigenous belief systems and access to healthcare services among indigenous children. It also examines how principles of bio-ethics such as beneficence, non-maleficence, autonomy and justice work in the context of indigenous children and their evolving capacities. This study concludes that factors like lack of trust, locational and cultural remoteness, faith-based healing practices have deeply influenced and impacted indigenous children’s access to timely and effective treatment.