Supported Decision-Making: A Rights-Based Disability Concept and its Implications for Mental Health Law

Gooding, Piers

doi:10.1080/13218719.2012.711683

Cited by 119 publications

(78 citation statements)

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“…In contrast, if autonomy is used as an overarching concept for understanding personhood we will tend to be pushed towards a relatively thin account of it in order for it to be able to serve that very general role. If we look at a document like the CRPD it actually involves a quite ambitious idea of autonomous decision making as something to be achieved rather than something that normally just happens unless there is undue interference (Craigie 2015) and the discourse surrounding the CRPD also tends to focus on supported decision making rather than substituted decision making for persons with cognitive disabilities (Gooding 2013). This does not necessarily invalidate the idea that respect for autonomy is often well-expressed through informed consent procedures, but it does broaden the applicability of a principle like Respect for Persons and cautions against universally having the strategy that whenever a choice is to be made, the focus should lie on finding someone, sometimes a substitute, that can sign a consent form.…”

Section: Human Rights and Respect For Personsmentioning

confidence: 99%

Respect for Persons in Bioethics: Towards a Human Rights-Based Account

Brännmark

2017

Hum Rights Rev

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Human rights have increasingly been put forward as an important framework for bioethics. In this paper, it is argued that human rights offer a potentially fruitful approach to understanding the notion of Respect for Persons in bioethics. The idea that we are owed a certain kind of respect as persons is relatively common, but also quite often understood in terms of respecting people's autonomous choices. Such accounts do however risk being too narrow, reducing some human beings to a second-class moral status. This paper puts forward a political approach to our standing as persons and a strongly pluralistic account of human rights that lays the ground for a more broadly applicable conception of Respect for Persons. It is further argued that this model also provides an example of a more general approach to philosophical ethics, an approach which is here called taxonomical pluralism. When it comes to Respect for Persons specifically, this principle is developed in terms of five distinct core concerns (autonomy, dignity, integrity, privacy, and vulnerability).

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Section: Human Rights and Respect For Personsmentioning

confidence: 99%

Respect for Persons in Bioethics: Towards a Human Rights-Based Account

Brännmark

2017

Hum Rights Rev

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“…The safeguards within Article 12(4) require measures to prevent abuse, but also ensure they respect the rights, will and preferences of a person and are free from conflict of interest and undue influence. This area is not yet entirely clear, but it appears that persons with disabilities must be allowed the 'dignity of risk' (Gooding 2013) in this regard on an equal basis with others.…”

Section: Conflicting Views On Hard Casesmentioning

confidence: 99%

Recognising legal capacity: commentary and analysis of Article 12 CRPD

Bhailís¹,

Flynn²

2017

International Journal of Law in Context

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This paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the right to equal recognition before the law and encompasses both academic writing in this area and General Comment No. 1 from the Committee on the Rights of Persons with Disabilities. The content is intended to provide readers of this Special Issue with a general understanding of developments surrounding Article 12 so they can fully engage with the other papers within this Special Issue and with the content of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) project as a whole.

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“…Her parents therefore had frank discussions with their daughter about her preferences. 4 Julianna decided she didn't want to go back to the hospital, so her parents used her input to forgo further painful interventions. 5 Julianna's case raises important questions about patient autonomy and end-of-life care for children.…”

Section: From the Managing Editormentioning

confidence: 99%

“…10 This trend is based partly on the United Nations Convention on the Rights of Persons with Disability, as well as national laws. 11 Such supported decision-making could include not only the right to refuse treatment, but the right to choose options such as physician-assisted suicide.…”

Section: From the Managing Editormentioning

confidence: 99%

Autonomy and Patient Care: To What Extent Should Children Make Their Own Decisions?

Kuruvilla¹

2017

BFP

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Supported Decision-Making: A Rights-Based Disability Concept and its Implications for Mental Health Law

Cited by 119 publications

References 0 publications

Respect for Persons in Bioethics: Towards a Human Rights-Based Account

Respect for Persons in Bioethics: Towards a Human Rights-Based Account

Recognising legal capacity: commentary and analysis of Article 12 CRPD

Autonomy and Patient Care: To What Extent Should Children Make Their Own Decisions?

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