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Neuroethics and treatment without consent.

Harry G Kennedy1,2,3, Mary Davoren1,3,4

  • 1Trinity College Dublin, Dublin, Ireland.

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|April 11, 2025
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Summary
This summary is machine-generated.

This study explores neuroethics of treatment without consent, suggesting consciousness and personality are more robust indicators of capacity than functional mental capacity alone. This aligns with human rights principles.

Keywords:
Neuroethicsbest interestscapacitycompulsionconsentdignityproportionalitypsychiatrytreatment

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Area of Science:

  • Neuroethics
  • Legal Philosophy
  • Medical Law

Background:

  • Current neuroethical frameworks for treatment without consent often focus narrowly on functional mental capacities.
  • Legal systems, particularly common law jurisdictions, infrequently consider consciousness in legal defenses or civil proceedings.

Purpose of the Study:

  • To broaden the neuroethical perspective on treatment without consent beyond functional capacity.
  • To examine the role of consciousness and personality in legal and ethical decision-making regarding medical treatment.
  • To explore alternative frameworks informed by diverse legal traditions.

Main Methods:

  • Adopted a framework analyzing treatment without consent through goals, processes, treatment, and evaluation.
  • Examined interpretations and precedents from the European Court of Human Rights (ECtHR), drawing from both common law and Roman law jurisdictions.
  • Contrasted theory-driven principled approaches with scientific medical process approaches to ethical treatment.

Main Results:

  • Thresholds for treatment without consent vary based on information complexity, illness severity, treatment effectiveness, and benefits of early intervention.
  • Disease-modifying treatments highlight the importance of timely intervention.
  • Divergent approaches to ethical treatment, including principled and scientific medical process models, were identified.

Conclusions:

  • Carrara's emphasis on consciousness and its dysfunctions offers a more robust measure of competence than solely functional capacity.
  • Over-reliance on functional capacity can lead to excessive simplification and is subject to legal judgment.
  • Prioritizing consciousness and inherent dignity aligns with contemporary human rights principles.