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  1. Assisted Decision-Making (Capacity): A New Legal System Where the Will of People with Disabilities Really Matters? The Portuguese Experience.Joana Isabel Taveira Ferreira Neto - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (2):745-765.
    Law 49/2018, of August 14, created the Portuguese legal regime of the assisted decision-making (capacity), thus eliminating the legal institutes of interdiction and disqualification, provided for in the Civil Code (CC). The aim of this legal regime was to embed a new vision of disability based on a model of rights, that grants people with disabilities an independent and autonomous life and reflects the acceptance of the International Convention on the Rights of Persons with Disabilities (CRPD) guidelines. This paper intends (...)
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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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  • Research ethics in practice: An analysis of ethical issues encountered in qualitative health research with mental health service users and relatives.Sarah Potthoff, Christin Hempeler, Jakov Gather, Astrid Gieselmann, Jochen Vollmann & Matthé Scholten - 2023 - Medicine, Health Care and Philosophy 26 (4):517-527.
    The ethics review of qualitative health research poses various challenges that are due to a mismatch between the current practice of ethics review and the nature of qualitative methodology. The process of obtaining ethics approval for a study by a research ethics committee before the start of a research study has been described as “procedural ethics” and the identification and handling of ethical issues by researchers during the research process as “ethics in practice.” While some authors dispute and other authors (...)
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  • 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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  • The Importance of Clear and Careful Thinking in Clinical Ethics.J. Clint Parker - 2021 - Journal of Medicine and Philosophy 46 (1):1-16.
    Clear and careful thinking is an indispensable aid in the pursuit of answers to the difficult ethical question faced by clinicians, patients, and families. In this issue of The Journal of Medicine and Philosophy devoted to issues in clinical ethics, the authors engage in this enterprise by reflecting on morally good medical decision making, conscientious objection, presumed consent in organ donation, the permissibility of surrogate decision making, and the failure of legislative limits on the scope of euthanasia in Belgium.
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  • (1 other version)Consent as a compositional act – a framework that provides clarity for the retention and use of data.Minerva C. Rivas Velarde, Christian Lovis, Marcello Ienca, Caroline Samer & Samia Hurst - 2024 - Philosophy, Ethics and Humanities in Medicine 19 (1):1-10.
    Background Informed consent is one of the key principles of conducting research involving humans. When research participants give consent, they perform an act in which they utter, write or otherwise provide an authorisation to somebody to do something. This paper proposes a new understanding of the informed consent as a compositional act. This conceptualisation departs from a modular conceptualisation of informed consent procedures. Methods This paper is a conceptual analysis that explores what consent is and what it does or does (...)
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  • Bioethical Boundaries, Critiques of Current Paradigms, and the Importance of Transparency.J. Clint Parker - 2022 - Journal of Medicine and Philosophy 47 (1):1-17.
    This issue of The Journal of Medicine and Philosophy is dedicated to topics in clinical ethics with essays addressing clinician participation in state sponsored execution, duties to decrease ecological footprints in medicine, the concept of caring and its relationship to conscientious refusal, the dilemmas involved in dual use research, a philosophical and practical critique of principlism, conundrums that arise when applying surrogate decision-making models to patients with moderate intellectual disabilities, the phenomenology of chronic disease, and ethical concerns surrounding the use (...)
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  • The Narrative Coherence Standard Adds Either Too Much, or Nothing at All.Matthé Scholten, Jakov Gather & Jochen Vollmann - 2020 - American Journal of Bioethics Neuroscience 11 (1):38-40.
    The concept of competence to consent (or mental capacity) plays a key role in decisions about whether treatment choices of patients should be respected. In both law and bioethics, competence is wid...
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