Cake or death? Ending confusions about asymmetries between consent and refusal

Area of Science:

• Bioethics
• Medical Law
• Philosophy of Medicine

Background:

• Debates on consent and refusal asymmetries often focus on adolescents' rights.
• Existing discussions frequently overlook the multifaceted nature of these asymmetries.
• Confusion arises from a singular focus on competence asymmetry.

Purpose of the Study:

• To deconstruct the common confusion surrounding consent and refusal asymmetries.
• To identify and analyze the various relevant asymmetries beyond competence.
• To clarify the ambiguity within the concept of 'asymmetry of competence'.

Main Methods:

• Conceptual analysis of ethical and legal arguments.
• Examination of existing literature on medical consent and refusal.
• Distinguishing between different types of asymmetries in decision-making capacity.

Main Results:

• The debate is muddled by focusing on a single type of asymmetry.
• Multiple asymmetries, including but not limited to competence, are relevant.
• 'Asymmetry of competence' itself is an ambiguous term requiring precise definition.

Conclusions:

• Resolving confusion requires acknowledging diverse asymmetries.
• Clarifying the concept of competence asymmetry is crucial for progress.
• A nuanced understanding facilitates better ethical and legal frameworks for consent and refusal.