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  1. Combining Supported Decision-Making with Competence Assessment: A Way to Protect Persons with Impaired Decision-Making Capacity Against Undue Influence.Jochen Vollmann, Jakov Gather, Esther Braun & Matthé Scholten - 2021 - American Journal of Bioethics 21 (11):45-47.
    In a compelling article, Peterson, Karlawish and Largent argue that supported decision-making is preferable to substitute decision-making for people with dynamic impairments. We fully...
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  • An Ageing Population Creates New Challenges Around Consent to Medical Treatment.Alice L. Holmes & Joseph E. Ibrahim - 2021 - Journal of Bioethical Inquiry 18 (3):465-475.
    Obtaining consent for medical treatment in older adults raises a number of complex challenges. Despite being required by ethics and the law, consent for medical treatment is not always validly sought in this population. The dynamic nature of capacity, particularly in individuals who have dementia or other cognitive impairments, adds complexity to obtaining consent. Further challenges arise in ensuring that older people comprehend the medical treatment information provided and that consent is not vitiated by coercion or undue influence. Existing mechanisms (...)
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  • The Narrative Coherence Standard and Child Patients' Capacity to Consent.Gah-Kai Leung - 2020 - American Journal of Bioethics Neuroscience 11 (1):40-42.
    Aryeh Goldberg compellingly argues for a Narrative Coherence Standard (NCS) to bolster existing methods of assessing patients' mental capacity. But his account fails to distinguish between the cognitive abilities of children and adults; consequently, worries may be raised about the scope of the NCS, in particular when we consider child patients. In this article, I argue the NCS cannot plausibly apply to children. Since children's self-conception does not arrive fully formed — but rather is a product of both incomplete cognitive (...)
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  • Human Rights and Global Mental Health: Reducing the Use of Coercive Measures.Kelso Cratsley, Marisha Wickremsinhe & Timothy K. Mackey - 2021 - In A. Dyer, B. Kohrt & P. J. Candilis (eds.), Global Mental Health Ethics. Springer. pp. 247-268.
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  • Soll die UN-Behindertenrechtskonvention in der psychiatrischen Praxis umgesetzt werden? Eine aktuelle Debatte in Großbritannien.Esther Braun, Jakov Gather & Matthé Scholten - 2021 - Ethik in der Medizin 33 (1):113-116.
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  • The Theorisation of ‘Best Interests’ in Bioethical Accounts of Decision-Making.Giles Birchley - 2021 - BMC Medical Ethics 22 (1):1-18.
    Background Best interests is a ubiquitous principle in medical policy and practice, informing the treatment of both children and adults. Yet theory underlying the concept of best interests is unclear and rarely articulated. This paper examines bioethical literature for theoretical accounts of best interests to gain a better sense of the meanings and underlying philosophy that structure understandings. Methods A scoping review of was undertaken. Following a literature search, 57 sources were selected and analysed using the thematic method. Results Three (...)
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  • Equality in the Informed Consent Process: Competence to Consent, Substitute Decision-Making, and Discrimination of Persons with Mental Disorders.Matthé Scholten, Jakov Gather & Jochen Vollmann - 2021 - Journal of Medicine and Philosophy 46 (1):108-136.
    According to what we propose to call “the competence model,” competence is a necessary condition for valid informed consent. If a person is not competent to make a treatment decision, the decision must be made by a substitute decision-maker on her behalf. Recent reports of various United Nations human rights bodies claim that article 12 of the Convention on the Rights of Persons with Disabilities involves a wholesale rejection of this model, regardless of whether the model is based on a (...)
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  • Psychiatric Ethics: A History.Louis C. Charland - forthcoming - In Psychiatric Ethics 5th Edition. New York, NY, USA:
    The chapter traces the history of psychiatric ethics with a focus on the emergence of autonomy and how assumptions and thresholds surrounding informed consent and decision-making capacity have changed over the centuries. Innovators like Philippe PInel and William Tuke are featured in this account of how the 'mad' and the abuses of the 'domestication paradigm' of madness eventually gave way to more humanitarian approaches of treating the 'mad', like moral treatment. The chapter closes with a brief reflection regarding the limits (...)
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  • Current Controversies and Irresolvable Disagreement: The Case of Vincent Lambert and the Role of ‘Dissensus’.Dominic Wilkinson & Julian Savulescu - 2019 - Journal of Medical Ethics 45 (10):631-635.
    Controversial cases in medical ethics are, by their very nature, divisive. There are disagreements that revolve around questions of fact or of value. Ethical debate may help in resolving those disagreements. However, sometimes in such cases, there are opposing reasonable views arising from deep-seated differences in ethical values. It is unclear that agreement and consensus will ever be possible. In this paper, we discuss the recent controversial case of Vincent Lambert, a French man, diagnosed with a vegetative state, for whom (...)
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  • Advance Research Directives in Germany: A Proposal for a Disclosure Standard.Matthé Scholten - 2018 - GeroPsych: The Journal of Gerontopsychology and Geriatric Psychiatry 31 (2):77-86.
    The fourth amendment to the German Medicinal Products Act (Arzneimittelgesetz) states that nontherapeutic research in incompetent populations is permissible under the condition that potential research participants expressly declare their wish to participate in scientific research in an advance research directive. This article explores the implementation of advance research directives in Germany against the background of the international legal and ethical framework for biomedical research. In particular, it addresses a practical problem that arises from the disclosure requirement for advance research directives. (...)
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  • Feelings and Desires Are Not the Same as Treatment Preferences: Why the Health Care Decision-Making Framework Applied to Adolescents Should Not Be Applied to Persons in the Minimally Conscious State.Matthé Scholten & Jochen Vollmann - 2018 - American Journal of Bioethics Neuroscience 9 (1):69-71.
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