A 12-year-old boy from North Holland with cancer has the right to refuse chemotherapy, a Dutch court ruled on Friday.

David, who was operated on for a brain tumour last year, does not have to undergo further follow-up chemotherapy, according to a legal judgement.

His tumour was successfully removed last November and he had radiation treatment, then asked for alternative therapies instead of chemotherapy due to its side effects.

The boy – who has not been identified – has divorced parents, and while his mother reportedly supports alternative therapies, his father went to court to try to ensure David had further medical care against his will.

David had been living with his mother on the island of Texel, according to reports, but was taken into the care of social services last December, when the mother refused to cooperate with the first round of radiation treatment.

But a judge in Alkmaar ruled on Friday that David has the right to decide on further medical care, even if this reduces his chances of survival.

"He is especially concerned about the side effects of chemotherapy and the deterioration in his quality of life," said the judgement.

"He is not depressed, has a strong will to live but can also think about death. David is 100 per cent [mentally] competent.”