Healthcare Decision-Making and the Law: Autonomy, Capacity by Mary Donnelly

By Mary Donnelly

This research of the law's method of healthcare decision-making opinions its liberal foundations in appreciate of 3 different types of individuals: adults with capability, adults with no means and adults who're topic to psychological overall healthiness laws. Focusing totally on the legislation in England and Wales, the research additionally attracts at the legislation within the usa, criminal positions in Australia, Canada, eire, New Zealand and Scotland and at the human rights protections supplied by means of the ECHR and the conference at the Rights of folks with Disabilities. Having pointed out the restrictions of a felony view of autonomy as essentially a precept of non-interference, Mary Donnelly questions the effectiveness of potential as a gatekeeper for the ideal of autonomy and advocates either an elevated function for human rights in constructing the conceptual foundation for the legislation and the grounding of destiny criminal advancements in a detailed empirical interrogation of the legislations in perform.

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Extra resources for Healthcare Decision-Making and the Law: Autonomy, Capacity and the Limits of Liberalism (Cambridge Law, Medicine and Ethics)

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Beauchamp and J. Childress, Principles of Biomedical Ethics (1st edn) (New York: Oxford University Press, 1979). T. Beauchamp and J. Childress, Principles (6th edn) (New York: Oxford University Press, 2008). Beauchamp and Childress, Principles (1st edn), pp. 56–9. Spriggs, M. Autonomy and Patients’ Decisions (Lanham, MD: Lexington Books, 2005), pp. 56–64. 30 Within a remarkably short time, autonomy had ‘won the day’31 and respect for patient autonomy became the central focus in relation to all medical interventions.

36). For States which have acceded to the Optional Protocol, the Committee must consider any individual petition brought (provided the matter is considered admissible under Art. 2 of the Optional Protocol) and communicate its suggestions and recommendations, if any, to the State Party in question and to the petitioner (Art. 5 of the Optional Protocol). The Optional Protocol has been signed by 89 States and acceded to by 54. Among the acceding states are South Africa, Spain, Sweden, Mexico and many South American countries.

On this basis, Gillon argues that autonomy in the sense of individual freedom of choice is an essential component of Kantian ethics. 44 Onora O’Neill argues that, in setting out the Categorical 40 41 42 43 44 See I. Kant, Critique of Practical Reason (1785) in M. ) Kant, Practical Philosophy (Cambridge University Press, 1996). R. Gillon, Philosophical Medical Ethics (Chichester: John Wiley, 1985), p. 64. See also M. Charlesworth, Bioethics in a Liberal Society (Cambridge University Press, 1993), pp.

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