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The relation between autonomy-based rights and profoundly mentally disabled persons.
1Rutgers University School of Law, Newark, USA.
Annals of Health Law
|March 9, 2004
Summary
Professor Norman Cantor advocates for surrogate decision-making rights for profoundly mentally disabled individuals, especially concerning life-sustaining treatment refusal. He proposes protections to uphold their intrinsic human dignity against potential abuse.
Area of Science:
- Bioethics
- Medical Law
- Disability Studies
Background:
- The ethical and legal complexities surrounding medical decision-making for individuals with profound mental disabilities.
- The critical need for surrogate decision-makers in cases of patient incompetence.
Purpose of the Study:
- To argue for the right of incompetent individuals to have surrogates make critical medical decisions.
- To address concerns regarding potential abuse in surrogate decision-making.
Main Methods:
- A persuasive argument based on ethical principles and legal considerations.
- Analysis of existing frameworks for surrogate decision-making.
Main Results:
- Advocacy for the right of incompetent persons to have surrogates make medical decisions, particularly regarding life-sustaining treatment.
- Identification of concerns related to abusive surrogate decision-making.
Conclusions:
- Recommends substantive and procedural protections to safeguard the rights and dignity of the profoundly mentally disabled.
- Emphasizes the importance of preserving intrinsic human dignity through protected surrogate decision-making.