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疫苗授权是否会影响知情同意的自愿性?
Maxwell J Smith1, Evan Mackie2
1Faculty of Health Sciences, Western University, London, Ontario, Canada maxwell.smith@uwo.ca.
Journal of medical ethics
|July 14, 2025
概括
接种疫苗的知情同意仍然有效,即使是强制性的,例如就业. 第三方的疫苗授权并不使同意无效,因为强迫者与同意过程是分开的.
科学领域:
- 医学伦理 医学伦理
- 法律哲学 法律哲学
背景情况:
- 知情同意是医学伦理的基石,需要自愿同意.
- 疫苗授权,通常是就业条件,引发了关于同意自愿性的问题.
研究的目的:
- 分析疫苗授权是否作为第三方胁迫,使知情同意无效.
- 将伦理框架应用于疫苗授权和同意的具体情况.
主要方法:
- 使用马克西米利安·基纳 (Maximilian Kiener) 的"个人间的同意者-同意者的理由"理论.
- 检查在第三方强迫下自愿性在医疗同意的性质.
主要成果:
- 疫苗授权,尽管是强制性的,但不一定会损害知情同意的自愿性.
- 强加授权的实体 (第三方) 不会直接强迫同意者.
结论:
- 由第三方强制驱动的同意仍然有效,如果接受同意的人没有参与强制.
- 第三方的胁迫并不能本质上否定医疗同意的自愿性.
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