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User rights and the frail aged
1Australian Institute of Health and Welfare, GPO Box 570, Canberra, ACT 2601, Australia.
Journal of Applied Philosophy
|January 1, 1995
Summary
User rights models are increasingly accepted for dependent populations, but their effectiveness is limited. Classic rights theories fail to account for the reduced agency in highly dependent individuals, creating flawed policies.
Area of Science:
- Bioethics
- Gerontology
- Public Policy
Background:
- Growing acceptance of user rights models for dependent populations like nursing home residents.
- Traditional rights theories rely on rationality and agency, often absent in highly dependent individuals.
Purpose of the Study:
- To evaluate the applicability and limitations of user rights models for highly dependent populations.
- To identify the flaws in policies assuming dependent groups can assert their rights.
Main Methods:
- Conceptual analysis of rights theories.
- Examination of user rights models in the context of dependent populations.
- Critique of existing policies and regulatory strategies.
Main Results:
- User rights models offer rhetorical advantages but face significant limitations.
- Reduced capacity of dependent groups to assert rights undermines these models.
- Policies based on the assumption of agency in dependent individuals are fundamentally flawed.
Conclusions:
- Current user rights models and related policies are inadequately suited for highly dependent populations.
- Rethinking rights frameworks is necessary to protect vulnerable individuals with limited agency.
- Policy development must acknowledge and address the diminished capacity of dependent groups to exercise their rights.
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