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The right to assistive technology.

Joseph A Stramondo1

  • 1San Diego State University, San Diego, CA, USA. jstramondo@sdsu.edu.

Theoretical Medicine and Bioethics
|October 7, 2020
PubMed
Summary

Disabled individuals have a right to assistive technology (AT). Compensatory justice, not healthcare rights, provides a framework for AT access, addressing limitations of other theories.

Keywords:
Assistive technologyBrain–computer interfaceCapabilities approachCompensatory justiceDisabilityEquality of opportunityHealth care justiceMedical necessity

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Area of Science:

  • Disability Studies
  • Philosophy of Justice
  • Bioethics

Background:

  • Existing frameworks for assistive technology (AT) rights, such as healthcare rights or the capabilities approach, face challenges.
  • These challenges include the problem of constriction (insufficient AT justification) and overextension (inadequate upper limits).

Purpose of the Study:

  • To propose an alternative framework for the right to assistive technology (AT) for disabled individuals.
  • To establish a just basis for AT access that avoids the pitfalls of existing theories.

Main Methods:

  • Critically analyze the limitations of grounding AT rights in healthcare or capabilities approaches.
  • Develop and defend a compensatory justice framework for AT access.
  • Propose a method for determining the upper limit of AT rights.

Main Results:

  • Argues that compensatory justice offers a more robust justification for AT rights than healthcare or capabilities approaches.
  • Demonstrates how compensatory justice addresses both the problem of constriction and the problem of overextension.
  • Proposes a specific method for delimiting the scope of the right to AT.

Conclusions:

  • Disabled people are owed access to AT as compensation for societal disadvantages and violations of equal opportunity.
  • Compensatory justice provides a superior ethical foundation for the right to assistive technology.
  • The proposed framework offers a practical solution for defining the extent of AT provision.