Congenitally decorticate children's potential and rights
Anna-Karin Margareta Andersson1
1Department of Philosophy, Faculty of Humanities, Social Sciences and Education, UiT The Arctic University of Norway, Tromso, Troms, Norway anna-karin.m.andersson@uit.no.
Insights
Children born without major parts of their cerebral cortex show potential for agency and conscious experience. This challenges their persistent vegetative state classification, impacting their care and rights.
Area of Science:
- Medical Ethics
- Developmental Neuroscience
- Philosophy of Mind
Background:
- Congenitally decorticate children are often misclassified as persistently vegetative.
- This misclassification has severe negative consequences for their well-being and development.
- Empirical studies suggest these children may possess conscious experiences and rudimentary agency.
Purpose of the Study:
- To conduct an in-depth ethical analysis of empirical studies on congenitally decorticate children.
- To apply a rights-based normative framework to their care and ethical challenges.
- To explore the medical ethical implications of their potential for agency.
Main Methods:
- Conceptual analysis of 'agency,' 'potentiality for agency,' and 'gradual approach of agency.'
- Critical examination of Alan Gewirth's criteria for rights-bearing.
- Application of a rights-based framework to ethical issues in caring for decorticate children.
Main Results:
- Empirical evidence supports that congenitally decorticate children possess 'potential for agency' and 'capacity for rudimentary agency.'
- These findings challenge the persistent vegetative state classification.
- The study identifies preparatory rights for these children.
Conclusions:
- Congenitally decorticate children possess rights that must be respected.
- Ethical frameworks need re-evaluation based on new empirical data.
- Children's right to a stimulating environment is crucial for their development.
Abstract:
This article is the first indepth ethical analysis of empirical studies that support the claim that children born without major parts of their cerebral cortex are capable of conscious experiences and have a rudimentary capacity for agency. Congenitally decorticate children have commonly been classified as persistently vegetative, with serious consequences for their well-being and opportunities to flourish. The paper begins with an explication of the rights-based normative framework of the argument, including conceptual analysis of the terms 'agency', 'potentiality for agency' and 'gradual approach of agency'. It critically examines Alan Gewirth's account of the criteria for being a rights bearer and principles for settling rights conflicts between agents and potential agents. It then applies the rights-based normative framework to the ethical challenges associated with care for congenitally decorticate children. It argues that recent empirical studies support the claim that the concepts 'potential for agency' and 'capacity for rudimentary agency' apply to children who are born without major parts of their cerebral cortex. The article finally discusses important medical ethical implications of these results. It specifically focuses on congenitally decorticate children's preparatory rights to a stimulating intellectual and social environment.
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